The case stemmed from a 2014 motor vehicle accident
The Ontario Superior Court of Justice granted an insurer an extension of time to seek judicial review of a 2020 Licence Appeal Tribunal (LAT) decision awarding income replacement benefits (IRBs)
In 2014, Shelley Rumball was involved in a motor vehicle accident. She applied for statutory accident benefits from her insurer, Traders General Insurance Company, under the Statutory Accident Benefits Schedule (SABS).
In Traders General Insurance Company v. Rumball, 2024 ONSC 5011, The insurer sought an extension of time to apply for judicial review of earlier LAT rulings, specifically a preliminary decision from February 2018 and a reconsideration decision from May 2019, which ultimately led to the final LAT decision in July 2020. Under the Judicial Review Procedure Act, a judicial review must typically be initiated within 30 days of a decision. However, the insurer filed its application for an extension in light of new legal developments.
The case hinges on whether the LAT correctly ruled that Rumball's application for IRBs was not barred by the two-year limitation period under the Statutory Accident Benefits Schedule (SABS). While the LAT awarded IRBs for pre-104 weeks (the first 104 weeks after an accident), it denied her claim for post-104 IRBs, which are available if a claimant remains unable to work after that period.
In a 2020 appeal, the Superior Court addressed the limitation period issue, concluding that it was a question of mixed fact and law, not subject to further appeal. However, the case remained live, with the Court of Appeal granting leave to appeal on the post-104 IRBs while denying leave regarding the limitation issue. The Court of Appeal postponed hearing the matter pending the outcome of this motion.
In considering whether to grant the extension, the Superior Court evaluated whether there were apparent grounds for relief and whether any party would suffer substantial prejudice from the delay. The moving party argued that its case was strengthened by a recent Supreme Court decision which clarified the judicial review process. The insurer also claimed that it had paid the IRBs awarded by the LAT and was focused on avoiding further payments if the limitation period ruling was overturned.
The court acknowledged the unusual circumstances of the case, particularly given the pending appeal in the Court of Appeal on the same benefits. Citing the principle of finality in the administration of justice, the court ultimately decided to grant the extension. It ordered that the application for judicial review be expedited, with the moving party required to serve and file the necessary documents within one week.
