The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs) from the insurer, as well as paid sick leave from his employer.
The insurer requested repayment of the IRBs, stating the applicant was not entitled to both.
The applicant applied for mediation more than two years after receiving the insurer's refusal to pay.
The arbitrator held that the insurer's refusal was clear, unequivocal, and met the notice requirements set out in Smith v. Co-operators.
Consequently, the applicant was precluded from proceeding to arbitration due to the expiry of the two-year limitation period.
