Insurers Continue Success With Limitation Period Defences

Following the Court of Appeal's decisions in Sietzema v. Economical Insurance, 2014 ONCA 111 (CanLII), 118 O.R. (3d) 713 and Sagan v. Dominion of Canada General Insurance Company, 2014 ONCA 720 (CanLII), insurers have continued to see success with the use of limitation period defences on summary judgement motions throughout 2015.

In a superior court decision involving six plaintiff all of whom brought individual actions against Aviva for accidents benefits arising out of motor vehicle accidents that occurred in 2004 and 2005 were all dismissed by way of summary judgement motion by Baird J. in Straus v. Aviva, 2015 ONSC 4589. The plaintiff's argued that Aviva had failed to comply with the informational requirements pursuant to section 32(2) of the SABS by failing to provide a written description of benefits and should not be entitled to rely on the limitation period in the circumstances. Each claim can be briefly summarized as follows: