The applicant was injured in a motorcycle accident while driving his uninsured motorcycle.
He later sought statutory accident benefits under his automobile policy with the respondent insurer.
The insurer raised preliminary issues arguing the applicant was precluded from arbitration because there was no Report of Mediator and because he failed to notify the insurer and submit an application within the prescribed time limits.
The Arbitrator found that the absence of a Mediator's Report did not preclude arbitration, as the 60-day period for mediation had expired.
The Arbitrator also found that the applicant had a reasonable explanation for the delay in applying for benefits, given his brain injury and reliance on an unresponsive neurologist.
The preliminary issues were resolved in favour of the applicant.
