The applicant was injured in a motor vehicle accident and received income replacement benefits until they were terminated by the insurer.
The applicant filed for arbitration after the limitation period had expired.
The applicant argued that the insurer was estopped from relying on the limitation period due to an agreement at mediation, and that the insurer waived its right to rely on the limitation period through its subsequent conduct.
The arbitrator found that the insurer's conduct did not amount to estoppel or waiver, and dismissed the application for arbitration.
