Minor applicant permitted to proceed to arbitration despite delayed notice due to reasonable explanation.
The applicant was injured in a motor vehicle accident when he was 14 years old.
He did not notify the insurer of his claim for statutory accident benefits until over four years later, after he had turned 18.
The insurer sought to preclude him from proceeding to arbitration due to the delay.
The arbitrator held that section 47 of the Limitations Act applied to postpone the notice period until the applicant reached the age of majority.
Furthermore, the arbitrator found that the applicant had a reasonable explanation for the subsequent delay, given his youth, limited abilities, dependence on his parents, and the lack of prejudice to the insurer.
The applicant was permitted to proceed to arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 22, 2005
