The insured was involved in a motor vehicle accident and made a claim under her policy.
She commenced an action in Small Claims Court after the one-year limitation period had expired.
The Small Claims Court judge held that the insurer was estopped from relying on the limitation period because it failed to inform the insured and allegedly waived it through internal file notations.
On appeal, the Divisional Court set aside the judgment, holding that an insurer has no legal duty to advise an insured of a limitation period and that the test for promissory estoppel was not met.
