Patricia Morand

The defendants brought a motion for summary judgment to dismiss the plaintiffs' personal injury action arising from a motor vehicle accident, arguing the claim was statute-barred by the two-year limitation period.

The accident occurred in June 2011, and the plaintiff suffered a stroke one month later.

The action was commenced in July 2015.

The plaintiffs argued the limitation period was suspended due to the plaintiff's incapacity to commence a proceeding and that the claim was not discoverable until 2015 when a medical report causally linking the stroke to the accident was explained to her.

The court found genuine issues requiring a trial regarding both the plaintiff's capacity to commence a proceeding and the date of discoverability, given conflicting medical evidence about her cognitive impairments.

The motion for summary judgment was dismissed.

The applicant was injured in a motor vehicle accident when she was struck by a car as a pedestrian, sustaining knee injuries.

The insurer terminated her weekly income benefits after approximately 20 months.

The applicant sought ongoing benefits, arguing she was substantially unable to perform the essential tasks of her pre-accident employment as a fast-food restaurant assistant manager.

The arbitrator found that while the applicant had some limitations with heavy lifting and repetitive crouching, she could perform the great majority of her essential tasks without difficulty.

The application for ongoing weekly income benefits and a special award was dismissed, though the applicant was awarded her arbitration expenses.