LAT Has Jurisdiction To Extend SABS Limitation Period

In Fratarcangeli v. North Blenheim Mutual Insurance Company, 2021 ONSC 3997, the Divisional Court held that the Licence Appeal Tribunal (the "LAT") has the power, under section 7 of the Licence Appeal Tribunal Act (the "LAT Act"), to extend the two-year limitation period under section 56 of the Statutory Accident Benefits Schedule ("SABS") for commencing an application in respect of a benefit under, bringing clarity to this issue. Prior to this decision, the LAT was divided on whether it had jurisdiction to extend the limitation period. This decision now lays that debate to rest.

Introduction

This decision addressed three appeals heard together. In each of the underlying decisions, the adjudicators had addressed the issue of whether the LAT has jurisdiction to grant an extension of the limitation period pursuant to s. 7 of the LAT Act. In two of the three matters under appeal, the adjudicator had concluded that they had jurisdiction under s. 7, and granted an