The plaintiff was severely injured in a motorcycle accident in Jamaica.
She retained the defendant lawyer to investigate potential insurance claims.
The lawyer advised that her family's Ontario automobile insurance policy would not provide accident benefits due to a territorial restriction limiting coverage to North America, and thus did not file an application for benefits before the two-year limitation period expired.
The plaintiff sued the lawyer for professional negligence, arguing he should have filed the application to preserve her rights, especially given subsequent changes in case law.
The court dismissed the action, finding the lawyer met the standard of care of a reasonably competent expert in insurance law at the time, and that an application for benefits would likely have been denied anyway.
