Allstate Insurance Co. Of Canada v. Klimitz, 2014 ONSC 7108

A decision that an insurer's denial of benefits provided incomplete reasons for the denial as it did not enclose the report of a medical examiner relied on for the denial and that the limitation period did not start to run was held to be reasonable on judicial review.

The applicant, Allstate Insurance Company of Canada ("Allstate"), sought judicial review of a decision of the Director's Delegate that the two year limitation period under section 281.1(1) for an insured person to commence mediation for benefits under the Statutory Accident Benefits Schedule (the "Schedule") did not commence to run until a medical report which the insurer relied upon in its decision to deny benefits was provided to the insured.