In Sagan v Dominion of Canada General Insurance Co., 2014 ONCA 720, the appellant (plaintiff) was involved in a motor vehicle accident on March 1, 2008. He advised the respondent (defendant) of his claim, and the respondent provided the appellant with an application that included an application form and a disability certificate. The appellant filed the application, but did not file the disability certificate. The respondent then sent the appellant a denial of the claim in April 2008. Three years later, the plaintiff made a claim against the respondent. The respondent brought a motion for summary judgment on the basis that the claim was statute barred. The Judge held that the respondent met the statutory requirements required to trigger the limitation period when the claim was denied, which is when the time started to run, and the action was dismissed.

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