Date: Dec 4, 2019 12:30 pm Length: 1 Hour Where: Your Office! Cost: CDL Members $113 Non-Members $141.25 Accreditation: Approx .75 - 1 hours Substantive CPD
Speaker: Philippa Samworth, Dutton Brock LLP Moderator: Jennifer Griffiths, Zarek Taylor Grossman Hanrahan LLP
Tomec Tick Talk: Ontario Court of Appeal on Tomec v. Economical
The Court of Appeal recently overturned the Divisional Court in this case involving the application of a limtiation period in the context of catastrophic level accident benefits being claimed. The Divisional Court upheld the LAT's determination that the limitation period for the insured to challenge a denial of catastrophic level benefits began to run with the "clear and unequivocal denial" of those benefits as of the second anniversary of the claim even though a catastrophic determination was not made until much later. The Court of Appeal disagreed, holding that the two year limitation for disputing the insurer's denial was not a "hard limitation" linked to the denial, but was rather subject to the question of when the cause of action was "discoverable".
Join this audioconference to learn more about this case - how and why it was decided, as well as its broader implications as to how limitation periods are likely to be applied in the accident benefits context (with or without a catastrophic designation) moving forward.
A Q&A session will take place at the end of the audio conference. If you wish to submit a question ahead of the audio conference, please email Mary Ellen Thibodeau firstname.lastname@example.org. Dialing instructions and materials will be emailed prior to the program.
Price includes one dial in line, unlimited attendees. There is a charge of $28.25 for each additional line Email email@example.com to arrange additional lines