How have the particulars pleaded in support of the tolling of the limitation period?

Ontario, Canada


The following excerpt is from McNaughton Automotive Limited v. Co-operators General Insurance Company, 2008 ONCA 597 (CanLII):

In Ross v. Coseco Insurance Co., the particulars pleaded in support of the tolling of the limitation period included the following, at para. 17: The defendant breached the duty of good faith owed by the defendant, and its agents, servants and employees, to the class members, by: . . . . . (c) orchestrating a claims adjustment process in a deliberate and planned fashion so as to deprive the class members, of payment for the actual cash value of their vehicle; (d) instructing its agents, servants and employees to embark upon a course of conduct designed to deprive the class members of their ownership rights in their damaged vehicles as described in a manual, or as part of their training; (f) deliberately and actively concealing from the class members, their right to demand payment of the actual cash value of their vehicle, or [page378] their right to retain property of their vehicle and salvage rights once the deductible was applied. In my view, the above allegations are tantamount to allegations of fraud, dishonesty and deceit.

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