The applicants were injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them.
More than two years later, the applicants applied for mediation and subsequently arbitration.
The insurer argued the application was barred by the two-year limitation period under section 281(5) of the Insurance Act.
The applicants argued for a 'rolling limitation period' based on prior case law.
The arbitrator held that she was bound by a Director's Delegate decision which rejected the rolling limitation period, and therefore dismissed the application for arbitration as out of time.
