The claimant was declared catastrophically impaired seven years after the accident. The insurer had denied entitlement to further attendant care benefits and housekeeping expenses at the 104 week anniversary. The claimant sought entitlement to ACBs and HK expenses from the 104 week anniversary onwards following the catastrophic impairment designation. The insurer argued that the claims were barred by the limitation period. The Tribunal agreed with the insurer that the claims were time barred. On review, the Divisional Court upheld the Tribunal’s decision. However, the Court of Appeal reversed the decision and concluded that a degree of discoverability applied to the limitation period. The Court reasoned that the claimant could not have been expected to dispute entitlement to post-104 week ACBs and HK expenses before knowing that her injuries met the catastrophic impairment definition. The limitation period therefore did not apply to the claim.
