The applicant was injured in a motor vehicle accident and received weekly income benefits.
The insurer claimed the parties reached a final settlement of the applicant's entitlement to weekly income benefits for $8,000, and relied on a signed release.
The applicant argued the payment was only an advance on one year of benefits.
The arbitrator found that there was no meeting of the minds between the parties regarding the nature of the payment and the release was vitiated by mistake.
The preliminary issue was resolved in favour of the applicant, allowing her to proceed to arbitration on her claim for weekly income benefits.
