The defendant insurer brought a motion to dismiss the plaintiff's action for long-term disability benefits, arguing it was statute-barred under the Limitations Act, 2002.
The insurer had initially denied the claim but offered an internal appeal process to review additional medical information.
The court held that it was not 'legally appropriate' for the plaintiff to commence an action while the appeal process was ongoing and the medical record was incomplete.
The limitation period did not begin to run until the insurer issued its final decision.
The motion was dismissed as the action was commenced within time.
