What is the starting date for the running of the limitation period under section 22 of the BC Health and Social Care Act?
British Columbia, Canada
The following excerpt is from Royal Bank of Canada v. Canadian Northern Shield Insurance Company, 2014 BCSC 1422 (CanLII):
Clancy J. concluded, following the decision of Pitfield J. in Watterson v. Sun Life Assurance Company of Canada, 2001 BCSC 1269, aff’d 2003 BCCA 305, that the starting date for the running of the limitation period was the date upon which the insurer received a “reasonable amount of information permitting it to carry out an assessment of liability in good faith” (at paras. 39-44, 59). The insurer makes the decision as to what is reasonably sufficient evidence. If there is a reasonable basis for the decision of the insurer, the court will not intervene. The limitation period under section 22(1) of the Act is not dependent on acceptance or rejection of a claim. There must, however, be an unequivocal determination of liability before the limitation period begins to run: Mameli at para. 59.
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