On December 21, 2017, the Supreme Court of Canada denied leave to appeal the Ontario Court of Appeal case of Usanovic v. La Capitale Financial Security Insurance Company, 2017 ONCA 395. The Ontario Court of Appeal had rejected the plaintiff’s attempt to broaden of the duty of good faith on insurers, and clarified the test of when an insurer can rely on a limitation period defence in a claim for disability benefits. Disability insurers across Canada will breathe easier in 2018, given the Supreme Court’s denial of leave to appeal. It is difficult to understate the impact of a reversal of the Court of Appeal decision, as a significant number of denials would likely have been reopened and litigated.
-
FAIR – supporting auto accident victims through advocacy and education
-
FAIR – supporting auto accident victims through advocacy and education
-
FAIR – supporting auto accident victims through advocacy and education