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Arbitrator lacks jurisdiction under section 129 of the Insurance Act to grant relief from forfeiture for late accident benefits applications.
The Applicant was injured in a motor vehicle accident and applied for statutory accident benefits more than two years after the accident.
The Insurer refused benefits due to non-compliance with the time limits in section 22 of the Statutory Accident Benefits Schedule.
The Applicant sought relief from forfeiture under section 129 of the Insurance Act.
The Arbitrator held that section 22(2) provides the only relief from forfeiture for the time limits in section 22(1), and that an arbitrator is not a 'court' with jurisdiction to grant equitable relief under section 129.
The Applicant was therefore precluded from proceeding to arbitration.
