Court of Appeal for Ontario

Date: 2019-03-06 Docket: C65680

Judges: Simmons, Tulloch and Brown JJ.A.

Between

Louis Kakoutis and Effie Kakoutis Plaintiffs (Appellants)

and

TD Insurance, Meloche Monnex Defendant (Respondent)

Counsel

For the Appellants:

• Louis Kakoutis, in person
• Effie Kakoutis, in person

For the Respondent:

• Matthew Dugas
• Karen Bernofsky

Heard: February 25, 2019

On appeal from: The judgment of Justice H.K. O'Connell of the Superior Court, dated June 29, 2018.

Reasons for Decision

[1] Mr. Kakoutis was injured in a motor vehicle accident on June 30, 2003.

[2] Following the accident, TD Insurance, Meloche Monnex paid various accident benefits to Mr. Kakoutis, but denied some of his claims for benefits.

[3] The appellants issued a statement of claim against TD Insurance, Meloche Monnex on August 25, 2015 advancing various causes of action all of which were rooted in the claim for accident benefits and the denial of same.

[4] TD Insurance, Meloche Monnex denied the last specific claim for benefits on January 29, 2013 and informed Mr. Kakoutis on March 20, 2013 that no further expenses for medical or rehabilitation benefits would be paid if incurred after June 30, 2013.

[5] At the latest, the appellants had until two years after the final denial of benefits to commence their action. The motion judge's conclusion that the action was statute barred was therefore correct.

[6] Although the motion judge gave the appellants an opportunity to argue their assertion of bias before him, they did not do so. Nor have the appellants filed a transcript of the motion hearing on this appeal.

[7] On the record before us, we see no merit in the submission that the motion judge was biased.

[8] The appeal is therefore dismissed with costs to the respondent on a partial indemnity scale fixed in the amount of $5,000 inclusive of disbursements and applicable taxes.

"Janet Simmons J.A."

"M. Tulloch J.A."

"David Brown J.A."