The appellants appealed a judgment dismissing their claim against the respondent insurer.
The Court of Appeal upheld the motion judge's finding that the limitation period expired in 2005.
The court rejected the appellants' argument that equitable doctrines, such as unjust enrichment, could override the express terms of the insurance contract, the Limitations Act, 2002, and the Insurance Act, particularly since the claim did not fall within the policy terms as it was not an accident.
The appeal was dismissed with costs.
