The preliminary issue in this matter was whether the claimant was statute barred from proceeding with her claim pursuant to section 56 of the Schedule. Adjudicator Lake found that the claim for IRBs could proceed as it was not barred under s. 56 of the Schedule. Adjudicator Lake concluded that the insurer did not deliver the IRB denial letter to the claimant in accordance with section 64 of the Schedule. The letter was deemed by Adjudicator Lake to have been delivered according to the Schedule in February 2020. The insurer failed to prove on a balance of probabilities that the letter was mailed/faxed to the claimant in August 2017. Adjudicator Lake concluded that the insurer failed to comply with section 64(19) of the Schedule as there was no fax confirmation page or fax cover sheet provided and the insurer’s witness had no independent recollection of mailing the letter. As a result, Adjudicator Lake found that the claimant was not statute-barred from proceeding with her application for IRBs to the Tribunal as she filed her application to the Tribunal before the expiry of the two-year limitation period based on the delivery of the IRB denial letter in February 2020.
