In Ontario if the limitation period for initiating an arbitration to resolve a coverage issue has expired, a civil action may be commenced to resolve the issue

The Defendant Insurer appealed from a decision that it, rather than the Plaintiff Motor Vehicle Accident Claims Fund, was responsible for paying accident benefits.  The Insurer argued that the Fund was obligated to proceed by way of arbitration.  The Court of Appeal dismissed the appeal. Ontario (Minister of Finance) v. Progressive Casualty Insurance Co. of ...