Machaj v. RBC General Insurance Company, 2015 ONSC 4310 – This is motion for summary judgment brought by the defendants on the basis that the plaintiff’s action is statute barred. On January 6th, 2009, the Plaintiff applied for Determination of Catastrophic Impairment. On May 25, 2009, the insurer responded by way of an Explanation of Benefits stating that the assessors had formed the consensus opinion that the plaintiff had not sustained a catastrophic impairment and therefore did not qualify for increased benefits.
Limitation Period Begins to Run with Denial of Benefit, Not Status
February 2016
Kelly Santini LLP, On
