Case information
Consult our database for details on a Supreme Court of Canada case.
41187
Coseco Insurance Company v. Lynn Schroeder
(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) |
|---|---|---|
| 2024-09-27 | Close file on Leave | |
| 2024-09-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-19 | Judgment on leave sent to the parties | |
| 2024-09-19 |
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 COA-23-CV-0536, 2024 ONCA 54, dated January 24, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-07-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-05-06 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-05-08, (Printed version filed on 2024-05-07) | Coseco Insurance Company |
| 2024-04-24 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-04-25) | Lynn Schroeder |
| 2024-04-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-04-25, (Printed version filed on 2024-04-25) | Lynn Schroeder |
| 2024-03-28 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-03-25 | Notice of name, (Letter Form), (Printed version filed on 2024-03-25) | Coseco Insurance Company |
| 2024-03-25 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-03-25) | Coseco Insurance Company |
| 2024-03-25 |
Application for leave to appeal, (Book Form), Missing: - Filing fee (Received March 27, 2024), Completed on: 2024-03-28, (Printed version filed on 2024-03-25) |
Coseco Insurance Company |
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 |
|---|---|---|
| Coseco Insurance Company | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Schroeder, Lynn | Respondent | Active |
Counsel
Party: Coseco Insurance Company
Counsel
Trevor J. Buckley
Tina Jian-Ahmadi
900 – 70 York Street
Toronto, Ontario
M5J 1S9
Telephone: (416) 862-8723
FAX: (416) 596-0952
Email: tjian@belltemple.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Schroeder, Lynn
Counsel
Kathleen Lefebvre
Marc Z. Kazimirski
Julie Gagnon
2 Queen Street, E., Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 593-2988
FAX: (416) 593-5437
Email: cempke@blaney.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Insurance — Respondent injured in motor vehicle accident — Respondent settling claim against other driver and claiming balance of damages from own insurer, pursuant to underinsured motorist protection coverage (endorsement OPCF 44R) included in policy — Superior Court dismissing insurer’s motion for summary judgment — Court of Appeal dismissing insurer’s appeal — When does limitation period start to run for first party claim for OPCF 44R insurance coverage? — What is proper test to be used uniformly across Canada for determining when limitation period is triggered pursuant to policy of insurance? — Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, ss. 4, 5.
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.
The respondent, Lynn Schroeder, was injured in an automobile accident. Ms. Schroeder settled her claim against the at-fault driver for the full amount of his insurance policy limits. Ms. Schroeder then claimed the balance of her damages from her own insurer — the applicant, Coseco Insurance Company — pursuant to an endorsement (OPCF 44R) for “underinsured motorist protection” coverage, which was included in her policy. Coseco moved for summary judgment to dismiss Ms. Schroeder’s action, arguing that her claim was statute-barred by Ontario’s Limitations Act, 2002.
The motion judge at the Ontario Superior Court of Justice dismissed Coseco’s motion for summary judgment, finding that Ms. Schroeder’s claim was not statute-barred by the applicable limitation period. A unanimous panel of the Ontario Court of Appeal upheld this decision and dismissed Coseco’s appeal.
Lower court rulings
Coseco’s motion for summary judgment — dismissed
Coseco’s appeal — dismissed
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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