1 total
Arbitration application dismissed because the specific issue of non-earner benefits was not mediated.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
He sought arbitration for non-earner benefits.
The insurer raised a preliminary issue that the applicant had not mediated the issue of non-earner benefits, as the mediation report only referred to income replacement benefits.
The arbitrator held that mediation of the specific issue is a statutory precondition to arbitration under section 281(2) of the Insurance Act.
The arbitrator rejected the applicant's arguments regarding fundamental breach and relief from forfeiture, finding no jurisdiction to grant relief from forfeiture and that the mediation requirement is not an exclusion clause.
The application for arbitration was dismissed.
