ARTICLE · 01 MAY 2023

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Late Notice And Relief From Forfeiture

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The applicants sold their home in 2011, when the Economical home insurance policy was in force.

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Michael Kryworuk

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The case of Searles v. Economical Insurance, 2022 ONSC 7217 involves a dispute between the applicant homeowners and their insurer, Economical, regarding a request for reimbursement of defence costs. The applicants provided notice of an action almost seven years after the commencement of the action.

History of the Litigation

The applicants sold their home in 2011, when the Economical home insurance policy was in force.

The applicants were then sued in 2013 by the purchasers of their home for damages arising from defective renovations to the home that the applicants performed or oversaw. The applicants retained a lawyer to defend the action. Affidavits of documents were exchanged and examinations for discovery were completed by 2015.

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