The insurer brought a preliminary issue motion arguing that the applicant's claims for attendant care and medical benefits were time-barred.
The applicant had requested the addition of these issues to an existing arbitration by letter within 90 days of the mediator's report.
The arbitrator held that the longstanding practice of adding issues by letter, rather than requiring a new formal application, was permitted under the Dispute Resolution Practice Code and created a legitimate expectation.
With the exception of one medical benefit claim that was not mediated within two years of denial, the claims were found to be timely and were added to the arbitration.
