Case Summaries Category Archives

Richards v. Sun Life Assurance Company of Canada, 2016 ONSC 5492

In an action for disability benefits, a plaintiff does not get the benefit of a rolling limitation period because the material facts upon which the action rests will have arisen at the time the plaintiff alleges that he or she first became entitled to periodic payments and it would be unfair to require the insurer to litigate those facts for a potentially unlimited period of time.

Watkins v. Western Assurance Co., 2016 ONSC 2574

Accident Benefits Insurer’s failure to provide an Explanation of Benefits to a dependent of a policyholder who may have been entitled to accident benefits does not stop the time requirement of that dependant to apply for accident benefits within the statutory timelines and commence an action within the two-year limitation period