The claimant appealed the Tribunal’s decision that she did not suffer a catastrophic impairment. The claimant had sought an extension of time for reconsideration, which was denied by the Tribunal. The denial of the reconsideration extension lead to the claimant appealing to the Divisional Court more than four months after the original decision of the Tribunal. The insurer argued that the appeal ought to be dismissed for delay. The Court granted the claimant an extension of time to file the Notice of Appeal and ordered the appeal hearing to be expedited. The Court noted that the insurer did not demonstrate any prejudice arising from the late Notice of Appeal, and the claimant had demonstrated an intention to appeal and had provided explanation for the delay.
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