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Arbitration for ongoing benefits barred by two-year limitation period; quantum dispute allowed to proceed.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until they were terminated by the insurer.
The applicant applied for arbitration more than two years after the insurer's refusal to pay ongoing benefits.
The applicant failed to attend the hearing.
The arbitrator proceeded in the applicant's absence and held that the applicant was barred from proceeding to arbitration for ongoing weekly income benefits due to the expiry of the two-year limitation period under the Insurance Act.
However, the applicant was not barred from arbitrating the quantum of the weekly benefits previously paid, as the insurer had not provided a proper notice of refusal regarding the amount.
