Case information

Administrative law — Boards and Tribunals — Licence Appeal Tribunal — Appeals — Judicial review — Whether statutory framework governing accident benefits disputes infringes s. 96 of the Constitution Act and ss. 7 and 15 of the Charter and if so, is the infringement justified under s. 1 of the Charter — Whether extension of time was denied without considering procedural fairness and access to justice — Whether denial of extension of time was improperly upheld without addressing reasonableness — Framework that should be adopted to distinguish between merit assessments in motions for extensions of time and in motions for leave to appeal — Whether Court of Appeal erred by deferring to lower court’s decision — Whether applications of broad judicial deference without substantive reviews of legal errors or evidence is undermining rule of law — Whether inconsistent applications of provisions relating to costs and post-judgment interest raises fairness and access to justice concerns and whether to establish a uniform approach?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Following an automobile accident, Ms. Landa sought benefits pursuant to the Statutory Accident Benefits Schedule – Accidents, O. Reg. 403/96. The Dominion of Canada General Insurance Company denied certain benefits. Ms. Landa applied to the Licence Appeal Tribunal. The Tribunal held some claims were barred by a limitations period, denied extensions of time, dismissed the remaining claims on their merits, and denied reconsiderations of its decisions. The Ontario Superior Court of Justice dismissed appeals and applications for judicial review. A judge of the Court of Appeal denied an extension of time to perfect an appeal and the Court of Appeal dismissed an application have a panel review the denial of an extension of time.