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Limitation Period

Time’s Up: You Can’t Discover a Third Party Claim for Contribution & Indemnity

By Bronwyn Martin

Jun10

Does the discoverability principle apply to third party claims for contribution and indemnity? No. That is the take-away message from Pierce J. in Hughes v. Dyck, 2016 ONSC 901.

Posted in Insurance Defence | Tagged Discoverability, Limitation Period, Summary Judgment, third party claim

Changing Horses Midstream: The Sequel

By Taylor Casement

Mar4

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 [...]

Posted in Motor Vehicle | Tagged Accident Benefits, Arbitration, Insurance Act, Limitation Period

No Longer Lost: Court of Appeal Rules on Loss Transfer Limitation Periods

By Colin Chant

Sep6

In October 2011, Mike Kealy wrote a gripping blog entry on Loss Transfer Limitation periods, which, like an Adam West-era episode of Batman, left us hanging in suspense and uncertain as to the outcome. The Court of Appeal has given us an ending in the form of its April 2012 reasons for judgment in Markel [...]

Posted in Insurance Coverage | Tagged Insurance Act, Limitation Period, Loss Transfer

Loss Transfer Limitation Periods: Are We Lost or Limited?

By Michael Kealy

Oct11

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 [...]

Posted in Accident Benefits | Tagged Arbitration, Limitation Period, Limitations Act, Loss Transfer

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