The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer brought a motion on a preliminary issue, arguing that the applicant was precluded from proceeding to arbitration because her application was filed beyond the two-year limitation period and because she failed to mediate the issue of income replacement benefits.
The arbitrator dismissed the insurer's motion, finding that the insurer failed to prove the application was filed out of time.
Furthermore, the arbitrator held that the issue of income replacement benefits had been mediated, noting that the applicant, a francophone, was disadvantaged by the failure to provide the mediator's report in French.
