What are the errors made by a motion judge in a personal injury action?

Ontario, Canada


The following excerpt is from Kumarasamy v. Western Life Assurance Company, 2021 ONCA 849 (CanLII):

The central errors made by the motion judge are her conclusion regarding when the respondent ought to have known that a loss occurred and her conclusion that the required element of discoverability, found in s. 5(1)(a)(iv), that “a proceeding would be an appropriate means to seek to remedy” the injury, loss or damage, was only satisfied when the appellant clearly and unequivocally denied the respondent’s claim. The motion judge does not cite any authority for this conclusion, and it is at odds with other authorities, most notably, this court’s decision in Thompson v. Sun Life Assurance Company of Canada, 2015 ONCA 162, [2015] I.L.R. I-5721.

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