The appellant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer paid income replacement benefits but denied non-earner benefits in 2004.
After income replacement benefits were terminated in 2006, the appellant sought non-earner benefits in 2009 and commenced an action in 2012.
The motion judge granted summary judgment dismissing the action as time-barred.
The Court of Appeal upheld the decision, confirming that the two-year limitation period for non-earner benefits began to run when the insurer initially refused them in 2004, even while the appellant was receiving income replacement benefits.
