The Applicant sought arbitration for statutory accident benefits following a motor vehicle accident.
The Insurer raised a preliminary issue, arguing the application was time-barred because it was filed more than two years after a verbal refusal to pay benefits, and that the issue of ongoing entitlement had not been mediated.
The Arbitrator held that the limitation period under the Insurance Act and the Statutory Accident Benefits Schedule is only triggered by a clear, written notice of refusal, which the Insurer failed to provide.
The Arbitrator also exercised discretion to allow the arbitration to proceed despite the mediation occurring after the application was filed.
The preliminary motion was dismissed, and the Applicant was awarded expenses.
