A.F. v. North Blenheim Mutual Insurance Company, 2017 CanLII 87546

Dec 13, 2017

Adjudicator: Linda Lamoureux

Reconsideration Decision

This reconsideration deals with two decisions in separate cases that came before the Tribunal. In both instance the Tribunal determined that the applications were statute barred by the two-year limitation period in s. 56 of the Schedule.

The Tribunal made a significant error of law by failing to consider whether an extension of time should have been granted under s. 7 of the LAT Act. A rehearing on the issue of whether an extension of time should be granted is ordered.

 To determine whether to grant an extension of time under s. 7 the Tribunal weighs the following factors:

  • The existence of a bona fide intention to appeal within the appeal period
  • The length of the delay
  • Prejudice to the other party
  • The merits of the appeal

The factors are a guide to be used to assist in determining the justice of a given case, although ultimately the analysis is fact specific.