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ARTICLE · 21 NOVEMBER 2016

Commencement Of Limitation Periods In Threshold Claims

Miller Thomson
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Recently, the Ontario Superior Court of Justice considered when limitation periods begin to run in tort actions arising out of motor vehicle accidents in Schaefer v. Ayeneababa, 2016 ONSC 3673.

CanadaInsurance
James Prior
James Prior
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Recently, the Ontario Superior Court of Justice considered when limitation periods begin to run in tort actions arising out of motor vehicle accidents in Schaefer v. Ayeneababa, 2016 ONSC 3673.

The Plaintiff was involved in an accident on June 24, 2009 in which she sustained significant soft tissue injuries and required hospitalization. She subsequently retained a lawyer in August, 2010 and commenced an action on December 2, 2011.

Since the Plaintiff did not commence her action until over two years after the accident, the Defendant moved for summary judgment dismissing the action on the basis that it was time-barred by virtue of ss. 4 and 5 of the Limitations Act, 2002. The Defendant argued that the Plaintiff's lawyer, through words and actions, made it clear to the Defendant's insurer that the Plaintiff's injuries were permanent and that the limitation period would expire two years after the accident (i.e. June 24, 2011).

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