The applicant was injured in a motor vehicle accident and received statutory accident benefits for nearly five years.
The insurer terminated her benefits and provided clear and unequivocal notice of its refusal to pay further benefits.
The applicant retained counsel but an Application for Mediation was not filed until almost three years after the termination.
The arbitrator held that the applicant was precluded from proceeding to arbitration because she failed to commence mediation proceedings within the two-year limitation period prescribed by the Insurance Act and the Statutory Accident Benefits Schedule.
The application for arbitration was dismissed.
