Limitation Period for Uninsured Automobile Coverage

In Rooplal v. Fodor, 2019 ONSC 7211, the Divisional Court agreed with the decision of the motion judge, Justice Chiappetta, that the limitation period for claims for uninsured automobile coverage only begins to run when the plaintiff makes a claim for indemnity to the insurer and the insurer fails to satisfy the claim (the day after the claim for indemnity was made).

Previous case law held that the limitation period for uninsured coverage begins to run when the material facts on which the claim is based have been discovered or ought to have been discovered by the plaintiff’s exercise of reasonable diligence.

However, those cases were decided prior to the enactment of the Limitations Act, 2002 and are no longer applicable, as indicated by the motion judge and the Divisional Court.