Jakupovic v. Intact Insurance Company
This page is a summary and commentary on a publicly available court decision, written for general informational and educational purposes only. It is not legal advice and does not create a lawyer-client relationship with Azimi Law, regardless of how specific or applicable it may seem to your situation.
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The Facts
The claimant was in a collision on February 13, 2019 and told Intact about it the next day. He did not apply for accident benefits until December 12, 2020, roughly 22 months later. The Statutory Accident Benefits Schedule requires notice of an intention to apply within seven days (s. 32(1)), but s. 34 lets the Licence Appeal Tribunal excuse a late notice where there is a reasonable explanation. The Tribunal found against the claimant in December 2023, concluding that he had not given a believable and reasonable explanation, and refused reconsideration in May 2024. In 2025 the Divisional Court reversed that outcome and found for the claimant, and the insurer appealed.
What the Court Decided
The Court of Appeal, with Justice D.A. Wilson writing, allowed the insurer's appeal and restored the Tribunal's decision. First, s. 32(1) refers to notice that the person intends to claim accident benefits; a report that a collision occurred does not fill that role, because the two steps are distinct. Second, relief under s. 34 depends on an explanation that the tribunal finds credible as well as reasonable, and assessing credibility is a factual task for the Tribunal that courts must respect on appeal. The Divisional Court crossed that line by relying on medical evidence that postdated the hearing to question findings the Tribunal had made without it. The claimant therefore remained out of time and the denial of benefits stood.
Does This Affect You?
- ✓You reported a collision to your insurer but did not file an accident benefits application.
- ✓More than a week has passed and you are not sure whether a late notice can still be excused.
- ✓You want to know how much a court can revisit a tribunal's view of a claimant's credibility.
Key Takeaways
- Reporting an accident and giving notice of an intention to claim accident benefits are separate steps under the Schedule.
- A late notice can be excused only where the explanation is both believable and reasonable, and the tribunal decides what is believable.
- On appeal, courts defer to credibility findings and should not rely on evidence the tribunal never saw to undermine them.