Canadian Underwriter


CDL – Audioconference Tomec v Economical

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by Canadian Defence Lawyers
December 04, 2019
Your office

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
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 to arrange additional lines
Prices include HST BN 84996 1974


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