The claimant sought entitlement to benefits following an accident that occurred on August 28, 2015. At the case conference, the insurer raised the preliminary issue that the claimant was statute-barred from proceeding with his claim under s. 56 of the Schedule because he failed to appeal its valid denial within the two-year limitation period. A written hearing was scheduled, but claimant’s counsel was removed from the record prior to the deadline for the parties’ written submissions, and the Tribunal did not receive the claimant’s responding submissions by the deadline or hear from the claimant again. The written preliminary hearing proceeded. Adjudicator Boyce found that the claimant was statute-barred from appealing the denial of his claim under s. 56, as he failed to commence his appeal within two years of a valid denial. Adjudicator Boyce found that the insurer’s notice met the Smith requirements and that the claimant failed to provide any evidence or details or any exceptional circumstances or reasons as to why the application was not commenced within the two-year limitation period. Further, he did not offer submissions as to why the Tribunal should exercise its discretion to extend the limitation period under s. 7 of the Licence Appeal Tribunal Act. Despite the lack of communication and participation from the claimant, Adjudicator Boyce was satisfied that the Tribunal facilitated a fair, open and accessible process. Any further delay would offend Rule 3.1(b), which is meant to ensure efficient, proportional and timely resolution of the merits of the proceedings.
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