The applicant was injured in a motor vehicle accident and sought income replacement benefits and non-earner benefits.
The insurer denied the benefits and the applicant applied for arbitration.
The insurer raised a preliminary issue that the application was barred by the two-year limitation period under section 56 of the Statutory Accident Benefits Schedule.
The arbitrator found that the insurer had provided a clear and unequivocal denial and that its subsequent review of new information did not reset the limitation period.
The application was dismissed as statute-barred.
