Smith v. Intact Insurance Company (19-014019)

The insurer brought a preliminary issue motion for an order staying the claimant’s IRB claim, as she had failed to file a mandatory form prior to applying to the Tribunal – the OCF-3. Vice Chair Flude found that the claimant had not filed her OCF-3 prior to commencing a proceeding before the Tribunal, and as such, she could not apply to the Tribunal for the relief sought until she satisfied the requirements of the SABS and had received a denial from the insurer. In doing so, he noted that the right to appeal to the Tribunal requires there to be a dispute over entitlement to benefits, and there can be no dispute over entitlement where there is no application for the benefit.