The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.
The insurer argued the applicant's subsequent application for arbitration was time-barred under the Insurance Act and the Statutory Accident Benefits Schedule.
The arbitrator found that the insurer's explanation of assessment did not constitute a clear and unequivocal refusal of benefits, and the insurer failed to prove when the applicant received it.
Furthermore, the application was filed within 90 days of the mediator's report.
The arbitrator concluded the arbitration was brought in a timely manner and the applicant was entitled to proceed.
