2 total
Motion for leave to appeal and extensions of time denied with costs.
The moving parties brought a motion for leave to appeal multiple orders and requested extensions of time.
The Divisional Court denied the motion and awarded costs to the respondent in the fixed amount of $2,500.
The Court of Appeal upheld the denial of relief from forfeiture for a late long-term disability claim, finding the analysis independent of a limitation period error.
The appellant appealed a decision of the Superior Court of Justice dismissing her action on the basis of a limitation period and denying relief from forfeiture regarding her late filing of a long-term disability (LTD) claim with the insurer.
Although the respondent conceded that the application judge erred in finding the action was barred by a limitation period, the Court of Appeal found that the relief from forfeiture analysis stood independently and was not tainted by this error.
The Court upheld the application judge's discretionary decision to deny relief from forfeiture.
