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ARTICLE · 22 JANUARY 2016

More Limitation Period Success

Miller Thomson
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The Court of Appeal has once again confirmed an insurers' right to the predictability of the two year limitation period in Bonaccorso v. Optimum Insurance Company Inc., 2016 ONCA 34.

CanadaInsurance
Ashleigh Leon
Ashleigh Leon
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The Court of Appeal has once again confirmed an insurers' right to the predictability of the two year limitation period in Bonaccorso v. Optimum Insurance Company Inc., 2016 ONCA 34.

The plaintiff appealed the decision of Justice H.S. Arrell which dismissed her claim for income replacement benefits by way of summary judgment motion. 

An accident occurred on February 4, 2008 injuring the plaintiff.  She returned to work on June 28, 2009 and Optimum terminated entitlement to ongoing income replacement benefits as of her return to work date.  By correspondence dated February 8, 2010 Optimum wrote to the plaintiff confirming her income replacement benefits were discontinued effective June 29, 2009. This correspondence included an explanation of benefits form. 

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