The plaintiff sought leave to amend her Statement of Claim to include a new cause of action under a second life insurance policy, beyond the presumptive two-year limitation period.
The court found that the plaintiff met the discoverability criteria under the Limitations Act, 2002, as the relevant underwriting documents were not disclosed until the defendants served their Affidavit of Documents.
However, the court refused the amendment, concluding that the proposed new cause of action was legally untenable because the insured had a clear duty to disclose a material change in health (a seizure) before the delivery of the policy, and the alleged ambiguity in the insurance documents was without merit.
