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Kumarasamy v Western Life Assurance Company: Thorough investigation of long term disability claims is the standard at Bogoroch & Associates LLP

Kumarasamy v Western Life Assurance Company: Thorough investigation of long term disability claims is the standard at Bogoroch & Associates LLP

Of critical importance is an early investigation into any access to long term disability insurance policies by lawyers retained to represent accident victims. That is because the Limitations Act imposes a two-year time limit on starting lawsuits, including against LTD insurance companies.  The clock starts the day the individual—or a reasonable person standing in the individual’s shoes—has knowledge:

  1.  that a loss occurred,
  2.  that the loss was caused or contributed to by an act or omission,
  3.  that the act or omission was of the person against whom the claim is made, and
  4.  that a legal proceeding would be an appropriate means to seek a remedy.

Inaction can have disastrous consequences because an LTD insurer’s refusal to pay benefits under a policy can trigger the limitation.  The recent Court of Appeal decision in Kumarasamy v Western Life Assurance Company, 2021 ONCA 849 is a cautionary tale: the Court dismissed the claimant’s lawsuit against his LTD insurer because it was started after the two-year time limit.

The claimant was injured in a motor vehicle collision and retained lawyers to represent him in his lawsuit and accident benefits claim.  He sent his LTD insurer a notice form but it declined to pay benefits because he did not file a completed application.  The insurer eventually closed his file when it did not receive an application.  His lawyers later obtained copies of that correspondence as part of the motor vehicle lawsuit but did not start a lawsuit against the LTD insurer until over three years later.  That delay proved fatal because it exceeded the two-year limit and the lawsuit was dismissed.

The decision in Kumarasamy is a reminder to always diligently investigate potential LTD claims early to avoid the time limit to start a lawsuit expiring before the accident victim—or his or her lawyers—even realize it.

For more information about long term disability claims and how we can help you please contact Heidi Brown (hbrown@bogoroch.com), Yoni Silberman (ysilberman@bogoroch.com) or Linda Wolanski (lwolanski@bogoroch.com).


Bogoroch & Associates LLP is experienced in all aspects of personal injury and medical malpractice litigation. We have the confidence and skill to advance your motor vehicle accident or medical malpractice claim to settlement or trial while helping you navigate the complex medical, legal, and insurance issues.

Our experience, commitment to excellence, and reputation have long been recognized.  Our founding partner, Richard M. Bogoroch, has been recognized as a leading personal injury lawyer by The Canadian Legal Lexpert Directory and by The Best Lawyers in Canada.  The Canadian Legal Lexpert Directory and The Best Lawyers in Canada are two highly regarded lawyer rating publications.

If you or your loved one has been injured in an accident or believes that you are a victim of malpractice or negligence, reach out to a personal injury or medical malpractice lawyer to understand if you too have a claim. Please contact any of our personal injury lawyers at Bogoroch & Associates LLP for a free consultation. 

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