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The Ontario Court of Appeal’s journey to clarity on the appropriateness factor

Tuesday, October 24, 2017 @ 12:02 PM | By Steve Simpson

A recent decision of the Court of Appeal for Ontario helps clarify how to assess when the appropriateness factor delays the start of the two-year limitation period. The case, Pepper v. Sanmina-SCI Systems 2017 ONCA 730, concerned a claim for long-term disability benefits, but it should be of interest to any practitioners who need to assess when the limitations clock starts in Ontario.

According to s. 5(1)(a) of the Limitations Act, 2002, once the plaintiff knows (or ought to have known) that it suffered a loss...