Dube v. RBC Life Insurance Company, 2015 ONCA 641 – In this case the respondent Dube was unable to return to work after he was injured in a car accident. His employer had a group insurance policy with the appellant RBC, providing long term disability benefits to employees. When Dube failed to give notice or proof of his claim for the benefits within the 30 day time limit under the policy, RBC denied his claim and Dube started an action. The motion judged refused to dismiss the action when RBC moved for summary judgment and instead found that Dube was entitled to relief from forfeiture of his claim under s.98 of the Courts of Justice Act. RBC appeals that determination and contends that the motion judge erred in granting it.

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