Court of Appeal for Ontario

Date: 2018-09-19 Docket: C65114

Judges: Rouleau, Benotto and Miller JJ.A.

Between

Teresa Wiles Plaintiff (Appellant)

and

Sun Life Assurance Company of Canada and Spaenaur Inc. Defendants (Respondents)

Counsel

Brian A. Pickard and William C. Cline, for the appellant

Stephen H. Shantz, for the respondents

Hearing and Release

Heard and released orally: September 13, 2018

On appeal from: the judgment of Justice Gerald E. Taylor of the Superior Court of Justice dated February 15, 2018, with reasons reported at 2018 ONSC 1090

Reasons for Decision

[1] The appellant argues that the application judge erred in finding that the action was barred by a limitation period. In her submissions, the appellant maintains that this was an error and it infected the relief from forfeiture analysis regarding her late filing with the insurer of her LTD claim.

[2] We disagree. Although the respondent concedes that the application judge erred in his finding that the action was barred by a limitation period, the respondent maintains that the analysis of the relief for forfeiture issue which followed stands independent and separate from the limitation disposition.

[3] From our reading of the reasons, the application judge's analysis discloses no such tainting. We also disagree with the appellant's suggestion that the application judge erred in the exercise of his discretion in determining whether relief should be granted. The application judge correctly identified the legal principles that apply and his findings on the record that he had before him were available and are owed deference in this court.

[4] For these reasons, the appeal is dismissed. Costs to the respondent are fixed in the amount of $5,000 inclusive of HST and applicable taxes.

Paul Rouleau J.A.

M.L. Benotto J.A.

B.W. Miller J.A.