The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer raised a preliminary issue that the applicant was barred from proceeding to arbitration because he failed to submit his application within 30 days of receiving it, without a reasonable explanation, pursuant to section 32(3) of the Statutory Accident Benefits Schedule.
The arbitrator found that the insurer failed to promptly notify the applicant that his explanation for the delay was unacceptable, leading him to believe only a signed statement was required.
Applying the doctrines of promissory estoppel and laches, the arbitrator held that the insurer was barred from relying on the 30-day time limit.
The applicant was permitted to proceed to arbitration on the substantive issues.
