Making an appeal

Parties dissatisfied with their insurance institution’s decision may appeal against the decision by making a written appeal to the Accident Appeal Board. The appeal must arrive at the insurance institution within thirty (30) days after the decision was received. The decision is considered to have been received on the seventh (7^th) day after it was mailed, unless the appeal can prove otherwise. 

The appeal must be sent to the insurance institution whose decision is appealed against. This gives the insurance institution the opportunity to amend its decision to comply with the appeal. If the insurance institution refuses some of the appeal’s demands, it submits the appeal, the appeal documents, and its statement to the Accident Appeal Board for a decision.

The appeal must include the following:

• indication that it is intended as an appeal to the Accident Appeal Board
• the decision appealed against (the decision must be attached to the appeal)
• which parts of the decision are appealed against and what amendments are demanded
• the grounds for the demands
• the appellant’s name and contact information
• a legal representative’s or agent’s contact information (a guardian, for example), if they exercise the right of action
• the postal address or other address to which documents related to the appeal can be sent.

The Accident Appeal Board must be informed without delay of changes in the contact information while the appeal is pending.

The representative must provide a power of attorney if they are not a lawyer, public legal aid attorney, or a legal counsel licenced in accordance with the Licenced Legal Counsel Act.

New clarifications may be included with the appeal if the appellant finds that it may affect the decision. Any documents already available to the insurance institution do not need to be included with the appeal because the insurance institution must submit all materials related to the matter to the Accident Appeal Board ex officio.

The insurance institution attaches the instructions for appeal to their decision with details regarding the appeal process.