The moving party, Ontario Lottery and Gaming Corporation (OLG), brought a motion for summary judgment to dismiss the plaintiff's claim for supplementary health benefits as barred by the Limitations Act, 2002.
The plaintiff had previously settled a long-term disability claim with Great-West Life, which retroactively acknowledged her disability.
OLG argued the plaintiff knew her benefits were cancelled in 2008 for non-payment of premiums.
The court found multiple factual and legal issues requiring a trial, including whether OLG was obliged to pay the premiums during the acknowledged disability period, conflicting evidence regarding reinstatement agreements, and the effect of OLG's prior premium refunds.
The motion for summary judgment was dismissed.