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The 90-day limitation period for arbitration runs from the receipt of the mediator's report, not its date.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
Following an unsuccessful mediation, the insurer argued that the applicant's subsequent application for arbitration was time-barred because it was filed more than 90 days after the date of the mediator's report.
The arbitrator held that the 90-day limitation period under section 281.1(2)(b) of the Insurance Act is triggered by the receipt or deemed receipt of the mediator's report, not the date of the report itself.
Finding that the applicant's counsel did not receive the report until a later date, the arbitrator concluded the application was timely and the applicant was not precluded from proceeding to arbitration.
