What is the limitation period for WSIB claims against RSA?

Ontario, Canada


The following excerpt is from Hayward v. Royal & Sun Alliance Insurance Company, 2015 ONSC 433 (CanLII):

The applicant relies on statements in Veldhuizen v. Coseco Insurance Co. [1995] O.I.C.D. No. 158 (Ont. Ins. Com.) at p. 5 [“Veldhuizen”] in which the arbitrator listed a number of principles that the arbitrator considered emerged from earlier arbitration decisions that have interpreted the limitation provisions of the Insurance Act and the Schedule. These included, in particular, the principle that an insurer may be estopped from relying on a limitation period if the applicant relied to his or her detriment on the insurer’s conduct. The applicant argues that this principle should be applied to the present circumstances to prevent RSA from relying on the applicant’s decision to elect to apply for benefits under the WSIB scheme. He says that RSA’s conduct “misinformed” him that his suspended licence disentitled him to SABs. He says that RSA should not benefit from its “misleading” conduct, even if it was not made in bad faith or with the intention of impeding the applicant.

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