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Limitation Periods Revisited – Western Life Assurance Company v. Penttila

Limitation Periods Revisited – Western Life Assurance Company v. Penttila

The Ontario Divisional Court revisited the vexing topic of disability benefits and the applicable limitation period in Western Life Assurance Company v. Penttila[i].  For claimants, the good news is that the principle of “discoverability” is alive and well, which means that the calculation of when the two year limitation period in Limitations Act starts to run depends on the circumstances of the particular case. Here is a brief chronology of the facts in the Western Life case: May 16, 2012 – LTD approved February 19, 2013 – Western advises the claimant that...
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Update on Wiles v. Sun Life – Limitation Periods and Relief from Forfeiture – Ontario Court of Appeal Upholds Summary Dismissal of Claim

Update on Wiles v. Sun Life – Limitation Periods and Relief from Forfeiture...

Several months ago, I wrote a blog regarding this case where I suggested that perhaps the summary judgment decision would be reviewed by the Ontario Court of Appeal. The OCA released their decision on September 19, 2018, upholding the dismissal granted by Justice Taylor. Taylor, J. had dismissed the lawsuit against both Sun Life and the employer on the basis that the one-year limitation period in Sun Life’s LTD policy had been missed, and on the basis that Ms. Wiles failure to submit a timely LTD application did not provide the necessary criteria for granting relief from...