The appellants sought long-term disability benefits for a disability allegedly arising in 1990, despite their insurance policy having been cancelled that same year for non-payment of premiums.
The action was commenced in 2005.
The motion judge granted summary judgment to the respondent, finding the limitation period had expired and the individual appellant was not saved by the incapacity provision in s. 7 of the Limitations Act, 2002.
The Court of Appeal dismissed the appeal, agreeing there was no medical evidence demonstrating the appellant lacked the capacity to commence the action.
