Vice Chair Flude released a preliminary issue decision that the claimant had filed his LAT application disputing the insurer’s denial of his entitlement to NEBs beyond the two-year limitation period. Following the preliminary decision, Vice Chair Flude gave the parties an opportunity to make submissions on section 7 of the LAT Act. Upon review of the submissions, Vice Chair Flude determined that section 7 of the LAT Act did not apply, because the Legislature’s action of moving the limitation period from the Insurance Act to the SABS and its omission of the words “or regulation” in section 7 of the LAT Act was intentional. He went on to note that even if he was mistaken in his interpretation of the LAT Act, the claimant had failed to establish that the justice of the case favoured the extension of the limitation period, and that he was barred from proceeding with his claim for NEBs as it was brought beyond the two year limitation period.
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