Lawyers are permitted to write expert reports (and/or expert’s affidavits) for their litigation experts without piercing litigation privilege.
Richards v. Sun Life Assurance Company of Canada et. al, 2016 ONSC 5492
Ladies and Gentlemen, start your engines….and your Statement of Claims. This recent summary judgement dismissal suggests that an insurer’s delay in paying a benefit will trigger the commencement of the limitation clock, even where there has not been a “clear and unequivocal denial” of the disability claim.
The limitation period for disability benefits does not require a clear and unequivocal denial according to Justice Bale in his fact-specific decision on Summary Judgment motion.