17-000224 v Allstate Insurance Company of Canada, 2017 CanLII 46347

Jun 30, 2017

Adjudicated by D. Gregory Flude

Issue: Is the Applicant entitled to income replacement benefits and medical benefits?

The Applicant was injured in a motor vehicle accident on June 13, 2012. The Respondent had denied a number of claims for benefits under the Schedule, including an income replacement benefit, and certain medical benefits. The Respondent argued that the claims were advanced before the LAT after the expiry of the  two year limitation period.

The two year limitation period is triggered following the denial of a claim for statutory accident benefits. The Applicant claimed, with no supporting evidence, that the date of denial was November 28, 2016; the Respondent asserted that the date of denial was February 25, 2014, with supporting documentary evidence as well as affidavit evidence.

Result: The Applicant’s application for income replacement and medical benefits is dismissed.