Knowledge Centre

Vicarious Liability Claim Dismissed

Mitch Kitagawa and Jake Ruddy
April 2015 Kelly Santini LLP, Ontario

L’Esperance v The Economical Mutual Insurance Group at al., 2014 ONSC 6293 was a summary judgment motion to deal with the issue of the one-year statutory limitation period for an insured to bring an action against their insurer for recovery of a claim under their policy. The plaintiff commenced this action more than one year after his loss occurred. The insured brought this action for breach of contract and bad faith against the insurer and one of its employees.

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