Keyword
limitation period
Is the two-year limitation period set in stone?
July 21, 2022 by Jason ContantA motor vehicle accident victim can proceed with her personal injury claims after British Columbia’s Civil Resolution Tribunal (CRT) found the provincial public auto insurer made an “explicit promise” not to be bound by the two-year limitation period to start…
Be clearer with limitation periods, appeal court tells insurers
May 2, 2022 by Jason ContantInsurers should consider telling policyholders the specific dates when applicable limitation periods expire, and suggest that policyholders seek and retain counsel, legal experts recommend after an Appeal Court decision in Alberta. In Statt v SGI Insurance Services Ltd, a letter…
When do limitation periods really begin?
March 21, 2022 by Jason ContantThe limitation period under a family protection endorsement runs from final judgement or settlement, the Court of Queen’s Bench of Alberta has decided. Master in Chambers Brian Summers examined a case involving para. 6(c) of the SEF 44 Family Protection…
Tribunal decision imperils limitation periods in auto claims
January 30, 2018 by Jason ContantThe Insurance Act is just one act to consider among all the other factors when dealing with the two-year limitation period in statutory accident benefits disputes, the Ontario Licence Appeal Tribunal (LAT) has found. “So that’s frightening,” Philippa Samworth, a…
Lawyer warns pollution lawsuits in Alberta can proceed ‘well past the ultimate limitation period’
April 10, 2017 by Canadian UnderwriterA plaintiff could file a pollution lawsuit in Alberta “well past” the end of the limitation period, even if a hazardous substance was released more than 50 years ago, a lawyer warned in a recent blog post. Alberta’s Environmental Protection…