R.C. v. Intact Insurance Company (18-010864)

The insurer brought a preliminary issue hearing on the grounds that the claimant was statute-barred from proceeding with his claim for IRBs for failure to commence the application within the two year limitation period. Adjudicator Victor agreed with the insurer, and held that the application was statute-barred. The insurer’s letter denying the claimant’s entitlement to IRBs was valid, and the LAT application was filed more than two years after the expiry of the limitation period. Adjudicator Victor further noted that the claimant had not established reasonable grounds for extending the limitation period pursuant to section 7 of the LAT Act.