The applicant was injured in a motor vehicle accident and commenced a court action for accident benefits within the limitation period.
She later applied for arbitration regarding catastrophic impairment.
The priority insurer successfully moved to have the issues heard together in arbitration, but then argued the income replacement benefits claim was time-barred from being added to the arbitration.
The arbitrator ruled the claim was not time-barred, but the director's delegate reversed this decision.
On judicial review, the Divisional Court held that commencing a proceeding within two years of the refusal to pay fully satisfies the limitation requirement, even if the claim is subsequently added to a later proceeding.
The application for judicial review was granted.
