Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
37698
Fadil Usanovic v. Penncorp Life Insurance Company, also carrying on business as La Capitale Financial Security Insurance Company
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-12-22 | Close file on Leave | |
| 2017-12-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-22 | Judgment on leave sent to the parties | |
| 2017-12-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62558, 2017 ONCA 395, dated May 18, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2017-11-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-09-25 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-09-25 | Fadil Usanovic |
| 2017-09-14 | Certificate (on limitations to public access) | Penncorp Life Insurance Company, also carrying on business as La Capitale Financial Security Insurance Company |
| 2017-09-14 | Notice of name | Penncorp Life Insurance Company, also carrying on business as La Capitale Financial Security Insurance Company |
| 2017-09-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-09-14 | Penncorp Life Insurance Company, also carrying on business as La Capitale Financial Security Insurance Company |
| 2017-08-16 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-08-16 | |
| 2017-08-15 | Certificate (on limitations to public access) | Fadil Usanovic |
| 2017-08-15 | Application for leave to appeal, (Book Form), Completed on: 2017-08-15 | Fadil Usanovic |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Usanovic, Fadil | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Penncorp Life Insurance Company, also carrying on business as La Capitale Financial Security Insurance Company | Respondent | Active |
Counsel
Party: Usanovic, Fadil
Counsel
Maple Anne Cameron
68 Queen Street North
Kitchener, Ontario
N2H 2H2
Telephone: (519) 741-1010
FAX: (519) 741-1691
Email: djf@fifelaw.ca
Agent
220, avenue Laurier Ouest
Suite 1600
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: jcameron@ravenlaw.com
Party: Penncorp Life Insurance Company, also carrying on business as La Capitale Financial Security Insurance Company
Counsel
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-1867
FAX: (416) 363-0263
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Insurance – Disability insurance – Limitation period – Considering the duty of good faith which insurers owe to insureds, whether there is an obligation on the part of insurers to advise insureds of the limitation period in a consumer disability policy when terminating payment of benefits.
Summary
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.
Fadil Usanovic bought an insurance policy from the insurer, Penncorp Life Insurance Company. The policy insured him against disability arising from accidents and from sickness. In September 2007, Mr. Usanovic fell from a roof while working and suffered serious injuries. He received disability benefits until November 2011, when Penncorp terminated its payments because he no longer had a “total disability”, as defined by the policy. On January 12, 2012, Penncorp’s lawyer wrote to Mr. Usanovic explaining that he was not entitled to receive further benefits unless he was unable to engage in any and every occupation for which he was reasonably fit by reason of his education, training and experience. The letter added that if Mr. Usanovic disagreed with this decision he could submit, within sixty days, additional medical records in support of his claim. He provided no new medical records in response. In early 2015, Mr. Usanovic consulted counsel, who told him that there was a two-year limitation period applicable for bringing an action. He alleged that, had the insurance company told him about the limitation period when it denied his claim, he would have brought an action earlier. He commenced the action in April 2015, more than two years after the termination of his benefits and receipt of the letter from the Penncorp’s lawyer. Penncorp brought a motion for summary judgment on that basis.
The Ontario Superior Court of Justice granted the insurer’s motion for summary judgment, dismissing the action against the insurer because it was time barred. The Ontario Court of Appeal dismissed Mr. Usanovic’s appeal.
Lower court rulings
Ontario Superior Court of Justice
C-391-15
See file
Court of Appeal for Ontario
C62558, 2017 ONCA 395
See file
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available