The applicant sought non-earner and housekeeping benefits following a motor vehicle accident.
The insurer initially conceded a limitations defence but attempted to withdraw the concession on the eve of the hearing; the arbitrator found this inequitable based on promissory estoppel.
On the merits, the arbitrator found the applicant failed to prove causation under either the 'but for' or 'material contribution' tests, noting the applicant's extensive pre-existing physical and psychological conditions from prior accidents and assaults.
The claims for non-earner and housekeeping benefits were dismissed.
