The Court of Appeal considered when the limitation period for a claim against an unidentified motorist insurer (under s. 265 of the Insurance Act) begins to run, specifically under ss. 4 and 5 of the Limitations Act, 2002.
The motion judge and Divisional Court held that the limitation period does not begin until the insured makes an indemnification claim that the insurer fails to satisfy.
The Court of Appeal affirmed this, holding that a claim against the insurer is "discovered" under s. 5(1)(a)(iii) of the Limitations Act only when the insured knows or ought to know that the insurer's act or omission (failure to indemnify) caused their loss.
The appeal was dismissed, confirming that the plaintiff's claim against TTC Insurance was not statute-barred.
