2 total
Leave to appeal denied as plaintiff failed to show conflicting decisions or reason to doubt correctness.
The plaintiff sought leave to appeal two orders: one dismissing her motion to vary an earlier order and awarding costs, and another staying her action pending payment of outstanding costs orders.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no reason to doubt the correctness of the motion judge's discretionary orders.
Costs of $2,500 were awarded to the defendant.
Appeal dismissed; claims for weekly income benefits time-barred as mediation commenced beyond two-year limitation period.
The appellants were injured in a motor vehicle accident and received weekly income benefits for 156 weeks before the insurer terminated them.
More than two years after the termination, the appellants applied for mediation and subsequently arbitration.
The arbitrator dismissed the arbitration, finding the claims were time-barred.
On appeal, the Director's Delegate upheld the arbitrator's decision, applying binding precedent that the two-year limitation period begins to run upon the insurer's refusal to pay, thereby rejecting the appellants' 'rolling time limit' argument.
