Case snapshot
At a glance
- Case
- Can You Claim Accident Benefits Late in Ontario?
- Court / Tribunal
- ONLAT
- Citation
- 2026 CanLII 97255 (ON LAT) ↗
- Date
- September 14, 2026
- Area of law
- Motor Vehicle Accident
- Key issue
- Whether a claimant who notified his insurer more than a year after an accident provided a reasonable explanation for the delay, and whether the original LAT decision contained errors of law or procedural unfairness warranting reconsideration.
- Outcome
- The Licence Appeal Tribunal dismissed the insurer's reconsideration request, confirming that the claimant's late notification was excused and that his application for accident benefits could proceed.
- Why it matters
- Ontario accident victims who delay reporting to their insurer because they genuinely did not know they had benefit entitlements may still be able to pursue their claims, depending on the specific facts.
Legal principle
The rule from this case
Under Ontario's Statutory Accident Benefits Schedule, an injured person is generally required to notify their insurer within seven days of an accident. Missing that deadline can bar a claim entirely — unless the claimant can show a "reasonable explanation" for the delay under section 34 of the Schedule. The LAT applies a two-stage test drawn from earlier case law: first, is the claimant's explanation credible and believable? Second, is it objectively reasonable given the circumstances? Importantly, this is not a mechanical checklist. The analysis is contextual and fact-specific, taking into account the claimant's personal background, the nature of the accident, and the relative hardship to the claimant versus the prejudice to the insurer. Consumer protection principles — recognizing that accident victims are often in a vulnerable position — also inform the analysis.
Important limits
What this does not mean
This decision does not mean that simply saying "I didn't know" will always excuse a late claim. The LAT has consistently held that ignorance of the law, on its own, is not a reasonable explanation. What distinguished this case was a combination of factors: an unusual accident involving an assault and criminal proceedings, no standard collision report, and no prior experience with the accident benefits system — all of which the adjudicator weighed together. This decision also does not lower the bar for reconsideration at the LAT. The Vice-Chair reaffirmed that reconsideration is not a second chance to re-argue a case simply because a party disagrees with the result or the weight given to evidence. The threshold remains high, and insurers cannot use reconsideration to relitigate factual findings they lost at the original hearing.
Can You Still Claim Accident Benefits If You Missed the Seven-Day Deadline?
Yes — but only if you can show a reasonable explanation for the delay. Ontario’s Statutory Accident Benefits Schedule requires accident victims to notify their insurer within seven days of the circumstances that give rise to a benefit entitlement. Missing that window does not automatically end your claim, but it does place the burden on you to explain why you were late.
In Goegan v. Gore Mutual Insurance Company, 2026 CanLII 97255 (ON LAT), the Licence Appeal Tribunal confirmed that a claimant who waited more than a year to notify his insurer could still proceed with his accident benefits application — and that the insurer’s attempt to overturn that ruling on reconsideration was unsuccessful.
What Happened in This Case?
The claimant was injured in a motor vehicle incident that was far from a typical collision. While working as a bailiff attempting to repossess a vehicle, he was physically assaulted and dragged by the vehicle being operated by the other party. Criminal charges were laid against the assailant, and a criminal proceeding was ongoing.
The claimant did not notify his insurer until more than a year after the accident — a delay of 397 days. He explained that he had not realized he was entitled to accident benefits until he consulted a lawyer. The insurer argued this amounted to nothing more than ignorance of the law, which is not a valid excuse. The original adjudicator disagreed and allowed the claim to proceed. The insurer then sought reconsideration, arguing the decision contained legal errors and procedural unfairness.
What Is the Legal Test for a Late Accident Benefits Claim in Ontario?
The test involves two steps. First, the claimant must convince the adjudicator that their explanation is credible — that they are telling the truth about why they were late. Second, the adjudicator assesses whether that explanation is objectively reasonable in all the circumstances.
This is not a rigid formula. The analysis is contextual, weighing the claimant’s personal characteristics, the nature of the accident, the hardship the claimant would face if the claim is barred, and the prejudice the insurer suffered from the delay. Ontario courts and tribunals have also directed adjudicators to keep in mind that accident benefit legislation is consumer protection legislation — accident victims are often in a vulnerable position when dealing with insurers.
Our Ontario accident benefits lawyers regularly advise clients on the steps involved in making a late claim and whether their circumstances may support a reasonable explanation.
Does “I Didn’t Know I Had Rights” Count as a Reasonable Explanation?
Not automatically — but it can, depending on the full picture. The adjudicator in this case acknowledged that ignorance of the law alone is not enough. However, the claimant’s situation involved more than simple unawareness. The accident arose from a criminal assault, not a standard collision. There was no standard accident report the claimant would have been expected to receive. He had no prior experience with the accident benefits system. And his occupation as a bailiff, while suggesting some legal familiarity, did not mean he understood insurance benefit entitlements.
Taken together, these factors led the adjudicator to conclude that the claimant’s explanation was both credible and reasonable. The reconsideration Vice-Chair agreed that this kind of contextual, discretionary analysis is exactly what the legislation requires.
Can an Insurer Force a New Hearing Through Reconsideration?
Only in limited circumstances. LAT reconsideration is available under Rule 18.2 of the Licence Appeal Tribunal Rules, 2023, but the threshold is high. A party must show that the Tribunal acted outside its jurisdiction, committed a material breach of procedural fairness, or made an error of law or fact that would likely have changed the outcome.
Disagreeing with how the adjudicator weighed the evidence is not enough. In this case, the insurer argued that the adjudicator improperly shifted the burden of proof and drew unfair inferences from the insurer’s choice not to conduct an examination under oath. The Vice-Chair rejected both arguments. The adjudicator had accepted the claimant’s uncontested evidence and simply noted that it had not been challenged — which is not the same as reversing the onus.
What Does This Mean for Accident Victims Who Reported Late?
It means that a late report does not necessarily close the door on your claim. The LAT will look at the whole picture: why you were late, what your personal circumstances were, how the accident happened, and what the consequences would be for both sides. If you were genuinely unaware of your benefit entitlements — especially in an unusual accident scenario — that explanation may carry weight, particularly when combined with other contextual factors.
If you were injured in an accident anywhere in Ontario and are concerned about a late notification, speaking with a lawyer about your specific situation is an important step. Our motor vehicle accident lawyers assist clients across the province, including those dealing with complex benefit disputes in cities like Hamilton and the surrounding region.
Questions and Records to Discuss with a Lawyer
- What was the date of your accident, and when did you first contact your insurer about accident benefits?
- What were the specific circumstances that caused the delay in reporting — illness, lack of awareness, an unusual accident scenario?
- Do you have any documentation showing when you first became aware of your potential entitlement to benefits?
- What evidence exists about the nature of your injuries and any treatment you have received since the accident?
- Has the insurer raised any formal objections to your claim based on the timing of your notification?
If you have questions about a late accident benefits claim or a denial by your insurer, the team at UL Lawyers is available to discuss your circumstances. Reach out through our contact page to speak with someone about your situation.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
Missing the deadline does not automatically bar your claim. You can still apply if you provide a reasonable explanation for the delay under section 34 of the Statutory Accident Benefits Schedule. The Licence Appeal Tribunal will assess whether your explanation is credible and objectively reasonable given your specific circumstances.
You must notify your insurer of your intention to apply within seven days of the accident, or as soon as reasonably practical. If you miss this window, you may still be able to proceed if you can demonstrate a reasonable explanation for the late notice, though the burden is on you to establish that explanation.
Reconsideration allows a party to ask the Licence Appeal Tribunal to review a decision, but only on specific grounds — such as a jurisdictional error, a serious procedural fairness issue, or a legal or factual error that would likely have changed the result. It is not an opportunity to re-argue the same facts simply because you disagree with the outcome.