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 maryellen@cdlawyers.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 bushra@cdlawyers.org to arrange additional lines
Prices include HST BN 84996 1974

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https://www.cdlawyers.org/events/audioconference-dec-4.html/event-default/index/id/193