The claimant appealed the Tribunal’s decision that the limitation period barred her claim for IRBs. The Court dismissed the appeal as the Tribunal did not commit an error of law. The Tribunal applied the correct legal test for determining whether the insurer’s denial was sufficient. The Tribunal also exercised it discretion not to extend the limitation period applying the correct legal principles. The claimant’s arguments primarily turned on findings of fact which were not reviewable by the Court on appeal. The Court also noted its decision in Yatar v. TD had held that whether a valid denial of benefits and whether a limitation period is triggered are issues of mixed fact and law.
