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ARTICLE · 17 MAY 2018

Case Summary: Nasr Hospitality Services Inc. v Intact Insurance

Nasr Hospitality Services Inc. [NHS] was flooded January 31, 2013 in Ontario. The loss was immediately reported to the insurer, Intact.

CanadaLitigation, Mediation & Arbitration

IV. PRACTICE ISSUES

  1. The Court, applying Ontario's appropriateness factor under the Limitations Act, 2002, SO 2002, c 24, Schedule B., found the limitations period was did not begin to run until the insurer denied the claim under the insurance policy, sometime after the date of loss.

Nasr Hospitality Services Inc. v Intact Insurance, 2017 ONSC 4136 (CanLII)

  1. FACTS AND ISSUES

Nasr Hospitality Services Inc. [NHS] was flooded January 31, 2013 in Ontario. The loss was immediately reported to the insurer, Intact. Between February and May 2013, Intact made payments to NHS pursuant to the policy. NHS submitted several proof of loss forms, but these were rejected by Intact. On July 22, 2013, Intact formally denied the claim.

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