The Applicant was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the Insurer.
More than two years after the termination, the Applicant applied for arbitration.
The Insurer raised a preliminary issue that the application was time-barred under section 281(5) of the Insurance Act.
The arbitrator found no discretion to extend the limitation period and held that the relief from forfeiture provision in section 129 did not apply to non-compliance with a time-limit to commence an action.
The application was dismissed as time-barred, and no expenses were awarded to the Applicant.
