The applicant insurer sought judicial review of a decision by the Director's Delegate of the Financial Services Commission of Ontario.
The Director's Delegate had overturned a preliminary arbitration order that found the respondent insured's application for mediation was time-barred.
The Divisional Court held that the Director's Delegate was reasonable in concluding that the two-year limitation period under the Insurance Act and the Statutory Accident Benefits Schedule did not begin to run until the insurer provided notice of refusal to pay following a negative Designated Assessment Centre report, rather than from the initial notice of stoppage of benefits.
The application for judicial review was dismissed.
