LAT Hearing Win in Ontario: Client Allowed to Proceed Despite Missed OCF-1 Deadline
- Carlos Echeverria
- Aug 22
- 2 min read
Client: C. Thomas
Insurer: The Commonwell Mutual Insurance Group
Tribunal: Licence Appeal Tribunal (Ontario)
Date: April 25, 2025
Result: Applicant allowed to proceed despite late OCF-1 filing
We are proud to share a recent victory at the Licence Appeal Tribunal (LAT) in Ontario. In Thomas v. The Commonwell Mutual Insurance Group (2025 ONLAT 24-010174/AABS), Echeverria Legal Services successfully represented a client whose insurer tried to shut down her claim because her OCF-1 Accident Benefits Application was filed late.
The Tribunal’s decision confirms that injured accident victims should not be denied their rights on technicalities — especially when they have a reasonable explanation backed by medical evidence.
Background: Denied Accident Benefits Appeal
Our client, Ms. Thomas, was injured in a motor vehicle accident in May 2022. After reporting her injuries, the insurer sent her the Statutory Accident Benefits (SABS) application package with a deadline of July 7, 2022.
Like many accident victims, Ms. Thomas was struggling with depression, anxiety, and chronic pain following the collision. She found it extremely difficult to complete the paperwork and fell behind. Despite her challenges, she stayed in contact with the adjuster, who on August 4, 2022, gave her an extension to submit the forms. She filed the OCF-1 on August 12, 2022.
Initially, the insurer accepted the form — but later argued she should be barred from pursuing her claim because of the late filing.
The LAT Hearing Decision
The Tribunal ruled in favour of Ms. Thomas and against the insurer:
The insurer waived the original deadline when it agreed to extend the time for filing the OCF-1.
Ms. Thomas gave a credible and reasonable explanation for the delay, supported by contemporaneous medical evidence showing depression, anxiety, and ongoing pain.
The one-month delay caused minimal prejudice to the insurer, while barring Ms. Thomas would have caused serious hardship.
As a result, the LAT confirmed that Ms. Thomas can proceed with her denied accident benefits appeal to a full hearing.
Why This Matters for Accident Victims in Ontario
This ruling highlights several key points for anyone facing difficulties with their insurer:
Missing an OCF-1 deadline does not end your rights. Section 34 of the SABS allows late filings if there is a reasonable explanation.
Mental health matters. Conditions like depression, anxiety, and PTSD are valid reasons that the Tribunal will recognize.
Insurers cannot change the rules midstream. If they agree to accept late paperwork, they cannot later use deadlines to deny claims.
The LAT hearing process protects fairness. Claimants have a right to appeal denied accident benefits and present evidence of their struggles.
This case is a major win for our client and a reminder that injured individuals in Ontario have strong rights when insurers try to deny or delay benefits. At our office, we fight to ensure that clients are not unfairly barred from accessing the support they need.
If you or someone you know has had an accident benefits claim denied, missed an OCF-1 deadline, or is preparing for a LAT hearing in Ontario, contact us today. We can help you navigate the process and protect your rights.
📞 Call us now for a consultation — don’t let an insurer’s denial stop you from getting the benefits you deserve.
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