2 total
Applicant barred from appealing IRB denial due to delay, but insurer ordered to pay assessment costs.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied the claims, and the applicant appealed to the Licence Appeal Tribunal.
The Tribunal found that the applicant failed to comply with the prescribed timelines for submitting her income replacement benefit claim and was therefore barred from appealing its denial.
However, the Tribunal ordered the insurer to pay the costs of two medical assessment plans because the insurer failed to provide the required notice of refusal within 10 business days under section 38(8) of the Schedule.
The applicant's request for an award for unreasonable delay was denied.
Summary judgment denied as solicitor-client conflict created genuine issue regarding discoverability of limitation period.
The defendants brought motions for summary judgment to dismiss the plaintiff's putative class action regarding a leveraged charitable donation program, arguing the claim was statute-barred.
The plaintiff alleged he relied on the defendants' tax opinions to participate in the program, which the CRA later disallowed.
The court dismissed the motions, finding a genuine issue for trial regarding when the plaintiff discovered his claim, particularly given the ongoing solicitor-client relationship with the defendant law firm that was representing him against the CRA while potentially in a conflict of interest.
