Yang v. TD General Insurance Company (19-005396)

This is a preliminary issue decision addressing whether the claimant was barred from proceeding with the claim for failing to commence the LAT application within two years after the insurer’s refusal to pay the amount claimed. Adjudicator Parish decided not to exercise her discretion to extend the limitation period under s. 7 of the LAT Rules based on a finding that there was no bona fide intention to file within the timeline, there was no reasonable explanation for the 8-month delay, and the delay would cause significant prejudice to the insurer (e.g. difficulty locating witnesses, changes in the claimant’s condition, and stale reports). The claimant was barred from proceeding with the claim for failure to apply to the LAT within the two-year limitation period.