Allan Wayne Chapnik

The plaintiff, Ms. Clarke, sought long-term disability benefits from Sun Life.

Sun Life initially approved 'own occupation' benefits but closed the file in February 2014, stating medical information did not support 'any occupation' benefits.

After a three-year delay, Ms. Clarke provided further medical information in March 2017, leading to another rejection in June 2017.

Ms. Clarke then filed a statement of claim in August 2018.

Sun Life moved for summary judgment to dismiss the action as statute-barred, which was denied by the motion judge.

Sun Life appealed.

The Court of Appeal found the motion judge erred in determining the limitation period's commencement and in failing to conduct a proper discoverability analysis under the Limitations Act, 2002.

The appeal was allowed in part, setting aside the motion judge's order and directing the matter to proceed to trial to determine the limitation period issues.

The defendant insurer, Sun Life, brought a motion for summary judgment to dismiss the plaintiff's long-term disability claim as statute-barred.

Sun Life argued the two-year limitation period began in February 2014 when it sent a letter closing the file but inviting further medical information.

The plaintiff, Ms. Clarke, provided additional information three years later, and Sun Life issued a final denial in June 2017, explicitly referencing the Limitations Act.

The court dismissed Sun Life's motion, finding that the February 2014 letter was equivocal and that the parties were engaged in an ongoing internal appeal process.

Therefore, a legal proceeding was not an "appropriate means to seek a remedy" until the clear and final denial in June 2017, which is when the limitation period commenced.