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…
Court allows trial in case of insurer not following mortgagee’s instructions
November 22, 2018 by David GambrillA trial to determine whether The Co-operators was negligent in distributing insurance funds contrary to the instructions of a mortgagee will be allowed to continue, the Ontario Superior Court of Justice has ruled. The court denied a motion for summary…