N.V. v. Allstate Insurance Company of Canada (18-008774)

The claimant sought reconsideration of the Tribunal’s decision that the limitation barred the IRB claim and that section 7 of the LAT Act should not apply to extend the limitation period. Adjudicator Boyce rejected the reconsideration request. He held that no error was made by the Tribunal in concluding that the insurer’s denial was clear and unequivocal. The claimant’s return to work was a valid reason for the IRB denial and complied with section 37(4). Adjudicator Boyce also rejected the argument that Tomec created a new date of discoverability for the IRB claim. He reasoned the Tomec was only applicable in the case of a catastrophic impairment finding (which was not present in this claim).