Written by Peter Pietraszek
The Divisional Court’s judicial review in Allstate Insurance Company of Canada v. Edna Klimitz et al., 2014 ONSC 7108, is particularly valuable to insurers who are considering a limitation period defence. [Read more…]
SCC Confirms NEB Claim Limitation
November 20, 2014 By
Written by Harry P. Brown.
On November 20, 2014 the Supreme Court of Canada dismissed with costs the leave to appeal of the plaintiff Sietzema against Economical. What does this mean to your non-earner benefit (NEB) claims? [Read more…]
Limitation Period Starts at the Refusal
October 21, 2014 By
Written by Christopher Whibbs.
Today, the Ontario Court of Appeal dismissed the appeal by a plaintiff, from a summary judgment motion won by the insurer, The Dominion. In this case, Sagan v. Dominion of Canada General Insurance Company, 2014 ONCA 720, the Dominion denied a non-earner benefit claim in 2008 when no OCF-3 was received. The plaintiff then applied for mediation of this denial in 2011, or beyond the 2 year limitation period.
Success with Limitation Period Defences
October 15, 2014 By
Written by Leilah Edroos, Christopher Whibbs, Philip Ghosh and Peter Pietraszek.
Click for our paper entitled, “Success with Limitation Period Defences“, presented by Leilah Edroos at the Canadian Defence Lawyers CDL on Accident Benefits, dated October 15, 2014.
Limitation Period and Catastrophic Impairment
September 25, 2014 By
Written by Philip Ghosh.
Somerville v State Farm, A12-006767, September 11, 2014, Arbitrator Jeffrey Rogers affirms that the two-year limitation on disputing a refusal to pay housekeeping and home maintenance benefits is not altered by a subsequent finding that an applicant is catastrophically impaired.
Limitation Period for Family Protection Claims (OPCF 44R)
August 20, 2014 By
Written by Harry P. Brown.
On Thursday August 14, 2014, the Supreme Court of Canada dismissed (without reasons) the efforts by Lombard to obtain leave to appeal in the Ontario Court of Appeal decision of Lombard v. Schmitz.
The result is that insurers have to re-calculate the limitation period under the OPCF 44R coverage for accidents that occur on/after January 1, 2004.
