Moderator: Jennifer Griffith, Zarek Taylor Grossman Hanrahan LLP
Speaker: Philippa Samworth, Dutton Brock LLP
Tomec Tick Talk:
Ontario Court of Appeal on Tomec v. Economical
The Court of Appeal recently overturned the Divisional Court in this case involving the application of a limtiation period in the context of catastrophic level accident benefits being claimed. The Divisional Court upheld the LAT’s determination that the limitation period for the insured to challenge a denial of catastrophic level benefits began to run with the “clear and unequivocal denial” of those benefits as of the second anniversary of the claim even though a catastrophic determination was not made until much later. The Court of Appeal disagreed, holding that the two year limitation for disputing the insurer’s denial was not a “hard limitation” linked to the denial, but was rather subject to the question of when the cause of action was “discoverable”.
Join this audioconference to learn more about this case – how and why it was decided, as well as its broader implications as to how limitation periods are likely to be applied in the accident benefits context (with or without a catastrophic designation) moving forward.
Q&A session will take place at the end of the audio conference. If you wish to submit a question ahead of the audio conference, please email Mary Ellen Thibodeau at firstname.lastname@example.org.
Dialing instructions and materials will be emailed prior to the program.
Cost: CDL Members $113 Non-Members $141.25
Price includes one dial in line, unlimited attendees. There is a charge of $28.25 for each additional line Email email@example.com to arrange additional lines
Prices include HST BN 84996 1974