Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Limitation of Actions - Insurance - Legislation - Interpretation - Civil Procedure - Estoppel - Time - When should a limitation period be triggered in a disability policy which forms part of a life insurance policy - Should sections 22 and 65 of the Insurance Act, RSBC 1996 c. 226 be interpreted to require a disability insurer to provide a "clear and unequivocal" denial of benefits - Should an insurer's conduct factor into whether the life insurance limitation period has been triggered- Should disability insurance claims involve a "rolling" cause of action which arises each month that disability benefits are payable - In circumstances where an insurer's communications cause a disability insurance claimant not to commence an action in time, should the doctrine of estoppel apply - Can a claim for breach of a duty of good faith survive the dismissal of a claim for coverage where a limitation period has lapsed as a result of the communications of the insurer.

The Applicant was insured under a group disability insurance policy issued to her former employer by the Respondent. She applied for long term disability benefits under the policy following a motor vehicle accident in June 1992. The Respondent accepted the Applicant's claim on January 17, 1994. On June 1, 1994, the Respondent wrote the Applicant indicating that benefits would be continued until September 1st, the date her doctor had reported she would be ready to return to work. While requesting additional medical evidence, the Respondent was not persuaded by further requests and medical evidence submitted by the Applicant to extend her benefits or, later, to reinstate them. She commenced an action against the Respondent, who moved to have the action dismissed as statute barred.