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Simon Shields, Lawyer

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Relief from Forfeiture - Limitation Period

Dube v. RBC Life Insurance Company, 2015 ONCA 641 (CanLII) (Ont CA, 2015)

In this case the Court of Appeal considered the elements to be considered when the court is requested to grant relief from forfeiture under CJA s.98, which reads:
A court may grant relief against penalties and forfeitures, on such terms as to compensation or otherwise as are considered just.
Here the relief sought was with respect to a 30-day timeline for filing a Notice of Claim under an LTD group policy. The court characterized the test as follows:
The relief under s. 98 is both equitable and discretionary. The test for relief is well established. It has three components. The court must consider:
- the conduct of the insured applicant

- the gravity of the breach

- the disparity between the value of the property forfeited and the damage caused by the breach, see: Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., 1994 CanLII 100 (SCC), [1994] 2 S.C.R. 490.

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