Tomec v Economical Mutual Insurance Company 2019 ONCA 882

What happens when the Court of Appeal labels the decisions below Kafkaesque? In Tomec, the insurer, Economical, doubles down on the absurdity. Economical is seeking leave from the Supreme Court of Canada to appeal this decision. A discussion of Tomec follows below; watch this space for further updates.

In Tomec v Economical Mutual Insurance Company 2019 ONCA 882, the Ontario Court of Appeal recently allowed an insured's appeal from an application for judicial review of a decision of the Licence and Appeal Tribunal to deny enhanced housekeeping and attendant care benefits. The unanimous panel concluded that the rule of discoverability applied to s. 281.1(1) of the Insurance Act and to s. 51(1) of the old Statutory Accident Benefits Schedule such that the two-year limitation period to dispute benefits could not run before an insured was determined to be catastrophically impaired (CAT).