Jakupovic v. Intact Insurance Company

canada, canadian, case law, court opinion, canlii, onca, 2026onca651, 2026 onca 651 (canlii), 2026, onca, 651, (canlii), coa-25-cv-1480, 2026, insurance, accident benefits, statutory accident benefits schedule, o. reg. 34/10, section 34 relief for late notice, whether claimant had a reasonable explanation for non, compliance, licence appeal tribunal finding explanation neither credible nor reasonable, no basis to relieve from s. 32(1) time requirement, appeal allowed, lat decision restored, statutory interpretation, modern principle, statutory accident benefits schedule, o. reg. 34/10, s. 32(1), whether reporting an accident satisfies notice of intention to apply for benefits, text, context and purpose and “text remains the anchor”, divisional court found to have rewritten statutory requirements, appeal allowed, divisional court set aside, procedure, appeals, licence appeal tribunal act, 1999, s. 11(6), question of law only, whether divisional court exceeded proper appellate review by making findings of fact, substitution of broad factual findings contrary to lat findings, standard of review correctness on statutory interpretation, appeal allowed, lat decision restored, procedure, procedural fairness, appellate record, whether divisional court erred by referencing medical evidence that post, dated the lat decision, use of post, decision evidence found procedurally unfair, scope of appeal confined to questions of law, decision of divisional court set aside, appeal allowed, lat decision restored