Facts:
- Yatar was injured in a car accident in 2010.
- TD Insurance denied benefits via three letters in 2011.
- Yatar applied for mediation in September 2012; it ended in January 2014.
Procedural History:
- LAT: Dismissed Yatar’s 2018 application for benefits as time-barred.
- Divisional Court: Dismissed her appeal on questions of law and judicial review.
- Court of Appeal: Upheld Divisional Court’s decision, stating judicial review should be rare due to the legislative scheme.
Issues on Appeal:
- Did the courts err in restricting judicial review due to the limited statutory right of appeal on questions of law?
- Was the LAT adjudicator's decision reasonable?
Supreme Court’s Analysis:
- Judicial Review and Limited Right of Appeal:
- Judicial review should not be restricted to exceptional cases despite a limited statutory right of appeal.
- Legislative intent to limit appeals to questions of law does not preclude judicial review on other questions.
- LAT Adjudicator’s Decision:
- The decision was unreasonable as it failed to consider the effect of reinstating benefits and relevant legal precedents.
- The January 2011 letter’s validity in triggering the limitation period was not properly addressed.
Conclusion:
- Appeal allowed, remitting the case to the LAT for reconsideration regarding the impact of benefit reinstatements on the limitation period.
- Costs awarded to Yatar for all court proceedings. No amount was specified.
Legal Principles Applied:
- Judicial review remains available for questions of fact or mixed fact and law, even with a limited statutory right of appeal??.
