Category:OCF-1

Canavan v. Unifund Assurance Company, 2021 CanLII 18912 (ON LAT)^[1]

1. The applicant. was involved in motor vehicle accident on January 27, 2014. The applicant states that as a result of this accident he sustained serious physical and psychological injuries.

2. The applicant did not submit his application for accident benefits (OCF-1) to the respondent, Unifund, until more than 2 years had passed. The parties have differing views on the exact date of the submission of the OCF-1 however, both parties agree that it was more than 2 years following the accident.

3. There is no dispute between the parties that the applicant submitted his OCF-1 outside of the prescribed timelines in section 32 of the Schedule[1]. Instead, the preliminary issue before the Tribunal is whether he has a reasonable explanation for that delay that would permit him to proceed with his application for accident benefits.

8. The issues to be decided are:

a) Is the applicant statue barred means of section 32(5) and 55(1) of the Schedule and if so has the applicant provided a reasonable explanation of delay pursuant to section 34 of the Schedule, such that he ought to be entitled to proceed with his claim for accident benefits?

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