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Simon Shields, Lawyer

Advising Self-Representing
Ontario Litigants
Since 2005

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Limitations - Running from date of Statutory Notice

Allstate Insurance Company of Canada v. Klimitz (Ont CA, 2015)

In this auto insurance (SABS) case the Court of Appeal upheld as reasonable a mediator's decision that a statutory limitation, running from the issuance of a statutorily-mandated notice, did not start to count until a medical report referred to in the Notice - but not included with it, was supplied:
[4] We agree, for the reasons given by the Divisional Court, that it was not unreasonable for the Director’s Delegate to conclude, in the circumstances of this case, that the two year limitation period did not start to run until the respondent had received a copy of Dr. Moddel’s report in satisfaction of Allstate’s obligation to give reasons for its determination under s. 37(1) of the Regulation, as it then read (now incorporated, in part, in s. 35(9)).[1]

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