The applicant was involved in a motor vehicle accident and applied for education disability benefits.
The insurer denied the claim, and the applicant applied for mediation more than two years after the refusal.
The insurer raised a preliminary issue that the arbitration application was time-barred under s. 281(5) of the Insurance Act and s. 72(1) of the Statutory Accident Benefits Schedule.
The arbitrator found that the insurer provided a clear and unequivocal refusal of benefits and that the applicant understood the refusal.
The arbitrator held that the applicant was precluded from proceeding to arbitration because the limitation period had expired.
