My last blog on this subject was written on March 11, 2020, right before the COVID-19 pandemic really hit home, in what seems to have been a different world. With understandable delays, on December 8, 2020, the Divisional Court heard the appeal of three LAT cases (including A.F. v North Blenheim Mutual Insurance Company) that involved the application of s. 7 of the LAT Act and to decide whether the LAT had jurisdiction to extend the limitation period set out in s. 56 of the SABS.
Rather than decide substantively on the issue on December 8th, the Divisional Court decided that the LAT itself, which had opted not to appear or intervene in these proceedings, was a necessary party and adjourned the hearing to allow the LAT’s participation to February 19, 2021.
In the meantime, there appears to be a trend developing at the LAT that it does not have jurisdiction to extend the two year limitation period set out in s. 56 of the SABS. In both M.M. v Royal & Sun Alliance Insurance Company of Canada, 2020 ONLAT 18-007290/AABS (Adjudicator Flude, December 11, 2020) and Mohamud v Certas Home and Auto Insurance Company, 2020 ONLAT 19-005153/AABS (Adjudicator Lake, December 15, 2020), the LAT relied on the reconsideration decision of Adjudicator Neilson in S.S. v Certas to decide it did not have jurisdiction to extend the limitation period set out in the regulations given the clear legislative intent to remove that authority.
It remains to be seen whether this trend and reasoning will be followed by the Divisional Court when it does hear the substantive appeal of A.F. v North Blenheim Mutual Insurance Company and S.S. v Certas. Despite this recent trend, the uncertainty and lack of finality continues overall as we await the release of this important Divisional Court decision.
Jonathan Charland is author of this blog and member of the Licence Appeal Tribunal practice group at the firm. If you have a question about the inconsistency around limitation period decisions at the LAT, please contact Jonathan at 416-777-5241. Assistance was provided by Mélia Muboyayi, student-at-law.
