[1] The motion judge granted summary judgment and dismissed the appellant’s action against the respondent insurer for terminating the Income Replacement Benefits (“IRB”) she had been receiving. The motion judge concluded that the appellant’s action was barred by the two-year limitation period established by the Insurance Act, R.S.O. 1990 c. I.8 and the Statutory Accident Benefits Schedule – Accidents on or After November 1, 1996, O. Reg. 403/96.
[2] The respondent informed the appellant on February 4, 2003 that it would not pay the IRB after February 27, 2003. The appellant was represented by counsel at the time and did not challenge the decision to end the IRB. The appellant retained new counsel in 2007 and commenced an action against her former lawyer for negligence and breach of fiduciary duty, and against the respondent for ending her IRB.
[3] The appellant commenced her proceeding for IRB by applying for mediation on April 3, 2008. The report of the mediator indicating that mediation had failed was dated December 11, 2008 and the appellant commenced her action against the respondent on December 12, 2008 – almost six years following the end of her IRB.