The claimant was involved in an automobile accident in September 2023 and sought benefits pursuant to the SABS in January 2024. He was driving for Uber with passengers in the vehicle at the time of the accident. The insurer raised a s. 32 preliminary issue to bar the application because the claimant failed to notify the insurer of the circumstances giving rise to a claim for benefits within seven days after the circumstances arose or as soon as practicable after that day. The claimant submitted that he suffered from a language barrier as a Ukrainian refugee who had arrived to Canada in March 2023, and he was unable to find a Ukrainian-speaking physician for a period of time after the accident. He also submitted that he had reported the accident to Certas (insurer for his personal vehicle to which he had made his property damage claim), but that he was not provided with clear instructions as to which insurance company to apply to, and it was unclear as to why Certas did not initiate any communications with the respondent insurer. He ultimately applied for accident benefits after consulting with a paralegal in mid-January 2024. The Tribunal found that the claimant was non-compliant with s. 32(1) of the SABS and did not provide a reasonable explanation for the delay under s. 34. The Tribunal re-affirmed that ignorance of the law is not a reasonable excuse and that where there is a language barrier, a claimant must clarify how the barrier was prohibitive. Additionally, it was noted that despite the language barrier and lack of legal representation, the claimant appears to have been able to successfully navigate the property damage process with Certas.
