The appellant appealed a summary judgment dismissing her action for long-term disability benefits.
The motion judge had dismissed the action on the basis of a contractual one-year limitation period, failure to meet qualifying conditions, and the statutory two-year limitation period.
The Court of Appeal found the motion judge erred in relying on the contractual limitation period without making necessary findings under section 22 of the Limitations Act, 2002.
However, the Court upheld the dismissal because the appellant failed to meet the policy's qualifying conditions and her action was barred by the statutory two-year limitation period.
