Gordyukova v. Dominion of Canada General Insurance Co., 2012 ONCA 563, is an appeal from a decision of the Divisional Court on judicial review. The issue on appeal is the interpretation of the limitation period provision set out in s. 281.1(1) of the Insurance Act, R.S.O. 1990, c.i-8. My colleague, Ms. Forough Ghorbani, discussed the [...]
Gordyukova v. Certas Direct Insurance Company, 2011 ONSC 6535 This recent Divisional Court decision provides that issues within accident benefits claims can be continued within the context of an arbitration or a court action provided that both proceedings were commenced within the applicable limitation period under the Insurance Act, R.S.O. 1990, c.1-8.
When does the limitation period start to run on a loss transfer dispute? Until recently, this question was answered with reference to the Court of Appeal’s 2005 decision State Farm v. Dominion, in which the Court held that a “rolling limitation” applies (under the pre-2004 Limitations Act), such that a new limitation period arises with [...]