The appellants appealed an arbitrator's order that they could not arbitrate their claim for death benefits because they failed to file an adequate application within the 90-day time limit under subsection 59(3) of the Statutory Accident Benefits Schedule.
The Director's Delegate found that the initial application filed by the appellants' former counsel was for funeral and travel expenses, not death benefits, and that the appellants did not attempt to argue a reasonable excuse for the delay under subsection 59(4).
The appeal was dismissed, but the appellants were awarded $500 in appeal expenses because the appeal raised novel issues of significance regarding the insurer's obligations.
