Further clarity about limitation periods in CAT cases….
Limitation period starts to run not from the date of CAT designation, but from the date benefits claimed for, based on that designation, are denied.
James Page
James Page is a lawyer at Martin & Hillyer Associates who has been practicing personal injury and civil litigation since 2010.
James is a board member of the Ontario Trial Lawyers Association (OTLA) and the Halton County Law Association (HCLA), and a Past President of the Brain Injury Association of Peel & Halton (BIAPH).
Kosoian v. Société de transport de Montréal, 2019 SCC 59
This case addresses when officers may be held civilly liable, and in so doing, outlines a number of general legal principles relevant to assessing officer negligence.
Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11
Clarke v. Sun Life Assurance Company of Canada is an appeal decision following a summary judgment motion on the issue of whether or not the plaintiff sued her Long-Term Disability (LTD) carrier within the limitation period.
Bosnali v. Michaud, 2020 ONCA 7
A recent decision of the Ontario Court of Appeal on the issue of whether or not the Plaintiff’s lawyers were entitled to a “charging order” over the Plaintiff’s damages and costs following a trial where the Plaintiff did not beat a rule 49 offer from the Defendants.
Benson v. Belair Insurance Company Inc., 2019 ONCA 840
Both Benson and Perneroski applied for accident benefits. Both insurers denied coverage on the basis that the vehicles were not “automobiles”.
Tomec v. Economical Mutual Insurance Company, 2019 ONCA 882
In Tomec v. Economical Mutual Insurance Company, a decision of the Ontario Court of Appeal, the issue was whether or not discoverability applies to the two year limitation period under s. 281.1(1) of the Insurance Act and s. 51(1) of the Statutory Accident Benefits Schedule (SABS).