The applicant was injured in a motor vehicle accident and received statutory accident benefits from the insurer until they were terminated.
The applicant applied for arbitration more than two years after the insurer's refusal to pay further benefits.
The arbitrator held that the application was barred by the two-year limitation period in section 281(5) of the Insurance Act, following a binding decision of the Director's Delegate, despite the applicant's arguments that the limitation period should be interpreted as a rolling one.
The applicant was awarded expenses for raising worthwhile arguments.
