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V.M.L. v. Aviva General Insurance Company (18-001713)

  • February 12, 2020

The claimant filed for reconsideration on a previous decision in which the Tribunal ruled that the claimant was statute barred from proceeding with her appeal of the denial of IRBs, and the Tribunal’s decision not to extend the limitation period under section 7 of the LAT Act. Adjudicator Johal allowed the case to proceed, noting that a delay of 13 days was not considered a significant delay by any means. The claimant had also given evidence that it was her intention to appeal the denial of IRBs, and that the delay was not her fault as an employee at the law firm failed to follow her instructions and file the appeal when instructed to do so. The insurer also failed to provide any evidence as to the prejudice it would suffer should the matter be allowed to proceed, nor did it provide any submissions with respect to section 7 of the LAT Act.

Full decision here

TGP Analysis

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  • FILED UNDER Limitation Period, Reconsideration
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