Susannah M. Travers

The applicant was injured in a severe motor vehicle accident and applied for statutory accident benefits.

The insurer sent 28 notices stating that she did not qualify for non-earner benefits 'at this time'.

The insurer argued the applicant was barred from arbitration due to the two-year limitation period.

The arbitrator found that the insurer's notices were not clear and unequivocal denials, as they failed to provide a real basis for the refusal and the phrase 'at this time' created ambiguity.

Therefore, the limitation period had not begun to run, and the applicant was not precluded from proceeding to arbitration.

The appellant's personal injury action arising from a motor vehicle accident was dismissed by the motion judge due to her failure to fulfill undertakings given during examinations for discovery while self-represented.

The Court of Appeal allowed the appeal and reinstated the action, finding that the motion judge failed to balance the prejudice to the appellant against any prejudice to the respondents, who provided no evidence of prejudice.

The court emphasized that a potentially meritorious claim should not be dismissed on procedural grounds unless the defendant demonstrates prejudice to their ability to defend the claim.