The applicant was involved in a motor vehicle accident and applied for a non-earner benefit, which the insurer denied.
The applicant applied for arbitration more than two years after the denial and more than 90 days after the mediator's report.
The arbitrator held that the insurer's denial was clear and unequivocal, and the applicant was barred from proceeding to arbitration due to the expiry of the limitation period under the Insurance Act and the Statutory Accident Benefits Schedule.
