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Limitations

Western Life Assurance Company v. Penttila 2019 Ont SCJ (Div Ct)

This is another case on when it is “appropriate” under section 5(1)(a)(iv) of the Limitations Act for a plaintiff to commence an action. In this case, the court held that a limitation period did not start when disability benefits were denied, but when the appeal process to the insurer was completed. The court also listed the rules in determining whether it was legally appropriate to wait to commence an action.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.