On a summary judgment motion by an automobile insurer, the court held there was a genuine issue for trial as to whether the plaintiff's uninsured motorist claim was barred by the Limitations Act, 2002.
The record supported at least two possible discoverability dates: when the plaintiff learned the tortfeasor was uninsured, and when medical evidence was sufficient to establish a threshold claim under s. 267.5(5) of the Insurance Act and O. Reg. 461/96.
The court rejected the insurer's position that the claim was discoverable almost immediately after the accident or, at the latest, when the plaintiff left work.
The plaintiff was granted leave to file a Reply and amend the pleading to expressly plead discoverability.
