Tina Jian

The plaintiffs brought eight proposed class actions against various long-term care (LTC) home owners and operators in Ontario, alleging systemic negligence and gross negligence in their response to the COVID-19 pandemic.

The court considered whether the claims met the certification criteria under section 5(1) of the Class Proceedings Act, 1992, particularly in light of the statutory immunity provided by the Supporting Ontario's Recovery Act (SORA).

The court certified six of the actions against the main corporate groups, finding that the pleadings disclosed a viable cause of action in gross negligence and that a class action was the preferable procedure.

However, the court dismissed the certification motions against independently owned homes and municipalities due to the lack of a collective enterprise and missing representative plaintiffs.

This appeal concerned the limitation period for an underinsured motorist claim.

The appellant insurer sought summary judgment, arguing the claim was statute-barred, asserting that a demand for indemnification was made in April 2016.

The motion judge, relying on *Schmitz v. Lombard General Insurance Company of Canada*, found that the first valid demand for compensatory damages was made in February 2019, thus the limitation period began running in February 2019, making the action timely.

The Court of Appeal upheld the motion judge's decision, finding no basis to interfere with the factual findings or the application of *Schmitz*.

The plaintiff, injured in an automobile accident, settled with the at-fault driver and then claimed the balance of her damages from her underinsured motorist protection insurer, Coseco Insurance Company.

Coseco moved for summary judgment, arguing the action was statute-barred by the Limitations Act, 2002.

The court dismissed Coseco's motion, finding that earlier communications from the plaintiff's counsel were merely notice of an intended claim, not a "demand for indemnification" that would trigger the limitation period.

The limitation period was held to have commenced only after a formal request for indemnification with full particulars was submitted.