Jamie Robin Pollack

The appellant appealed a decision regarding the limitation period for claiming no-fault benefits.

The insurer had terminated benefits but had not provided a clear and unequivocal refusal to pay.

The Court of Appeal held that the two-year limitation period under s. 281(5) of the Insurance Act applies, which commences only upon a refusal to pay.

The six-year limitation period under s. 45(1)(g) of the Limitations Act does not apply because the Insurance Act specially limits the time for bringing an action.

The appeal was allowed.