Andrew Clark Murray

The applicant was injured in a motor vehicle accident when he was nine years old.

Upon turning sixteen, he applied for statutory accident benefits.

The insurer denied the claim, arguing that because more than 156 weeks had passed since the accident, the more onerous post-156 week test applied.

The applicant argued that the pre-156 week test should apply initially upon his turning sixteen.

The arbitrator held that the pre-156 week test under subsection 13(1) of the Schedule applies first when an insured turns sixteen, regardless of the time elapsed since the accident, to avoid anomalous results based on the insured's age at the time of the accident.