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.
