Can pensioners escape the limitation period for their negligent misrepresentation claim?

Ontario, Canada


The following excerpt is from Fehr v Sun Life Assurance Company of Canada, 2015 ONSC 6931 (CanLII):

In Alberta Municipal Retired Policy Officer’s Mutual Benefit Society v. Alberta, supra, Justice Kent concluded that pensioners, who alleged that the benefits that they would receive under their pension plan had been misrepresented to them, could not escape the operation of the limitation period for their negligent misrepresentation claim because they had received documents that disclosed the discrepancy. In these circumstances, the pensioners were taken to know that they had a misrepresentation claim and the limitation period would begin to run to bring that misrepresentation claim.

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