Pepper v. Sanmina-Sci Systems (Canada) Inc., 2017 ONCA 730

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeHoy; MacFarland; Huscroft
Citation2017 ONCA 730
Subject MatterPRACTICE,LIMITATION OF ACTIONS
Docket NumberC63568
Date21 September 2017
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10 practice notes
  • Ontario Court Of Appeal Summaries (September 18 – September 22, 2017)
    • Canada
    • Mondaq Canada
    • September 29, 2017
    ...of the applicable range - at 14 years from the date of separation. Short Civil Endorsements Pepper v. Sanmina-Sci Systems (Canada) Inc., 2017 ONCA 730 [Hoy A.C.J.O., MacFarland and Huscroft JJ.A] Counsel: Elizabeth Bennett-Martin and Stephen Simpson, for the appellant Brian A. Pickard, for ......
  • Court Of Appeal Summaries (January 6 – January 10, 2020)
    • Canada
    • Mondaq Canada
    • January 14, 2020
    ...Discoverability, "Appropriate Means", Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s 5, Pepper v Sanmina-Sci Systems (Canada) Inc., 2017 ONCA 730, Western Life Assurance Company v Penttila, 2019 ONSC 14 HMB Holdings Limited v Antigua and Barbuda, 2020 ONCA 12 Keywords: Civil Procedure......
  • Eric's LTD Update - Winter 2020
    • Canada
    • Mondaq Canada
    • January 23, 2020
    ...The motion judge erred in law by failing to apply the principle stated by this court in Pepper v. Sanimina-Sci Systems (Canada) Inc., 2017 ONCA 730, [2018] I.L.R. that an insured has a cause of action for breach of contract against her insurer when the insurer stops paying LTD benefits. In ......
  • Kumarasamy v. Western Life & Morris National Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 14, 2021
    ...Mr. Kumarasamy as against Western Life be appropriate? When was the claim “fully ripened”? Pepper v. Sanmina-Sci Systems (Canada) Inc., 2017 ONCA 730. For the reasons set out below, it is my view that the claim was not fully ripened in this case until Mr. Kumarasamy’s LTD claim was denied b......
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5 cases
  • Kumarasamy v. Western Life & Morris National Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 14, 2021
    ...Mr. Kumarasamy as against Western Life be appropriate? When was the claim “fully ripened”? Pepper v. Sanmina-Sci Systems (Canada) Inc., 2017 ONCA 730. For the reasons set out below, it is my view that the claim was not fully ripened in this case until Mr. Kumarasamy’s LTD claim was denied b......
  • Western Life Assurance Company v. Penttila, 2019 ONSC 14
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 7, 2019
    ...there was no basis to conclude that an action was not appropriate. [38] The decision in Pepper v. Sanmina-Sci Systems (Canada) Inc., 2017 ONCA 730, 283 A.C.W.S. (3d) 405, was delivered after the motion judge’s decision in this matter was heard but prior to the release of the motion judge’s ......
  • Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11
    • Canada
    • Ontario Court of Appeal (Ontario)
    • January 8, 2020
    ...the motion judge erred in law by failing to apply the principle stated by this court in Pepper v. Sanmina-Sci Systems (Canada) Inc., 2017 ONCA 730, [2018] I.L.R. I-5996, at para. 1, that an insured has a cause of action for breach of contract against her insurer when the insurer stops payin......
  • Clarke v. Sun Life Assurance Company of Canada, 2019 ONSC 2942
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • May 14, 2019
    ...5492, at paras 15-22; Pepper v. Sanmina-Sci Systems (Canada) Inc., 2017 ONSC 1516, at paras. 87 and 88, rev’d on other grounds 2017 ONCA 730, leave to appeal to S.C.C. refused, 37850 (23 August [2] Usanovic v. Penncorp Life Insurance Company, 2017 ONCA 395, at para 2, leave to appeal......
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5 firm's commentaries
  • Ontario Court Of Appeal Summaries (September 18 – September 22, 2017)
    • Canada
    • Mondaq Canada
    • September 29, 2017
    ...of the applicable range - at 14 years from the date of separation. Short Civil Endorsements Pepper v. Sanmina-Sci Systems (Canada) Inc., 2017 ONCA 730 [Hoy A.C.J.O., MacFarland and Huscroft JJ.A] Counsel: Elizabeth Bennett-Martin and Stephen Simpson, for the appellant Brian A. Pickard, for ......
  • Court Of Appeal Summaries (January 6 – January 10, 2020)
    • Canada
    • Mondaq Canada
    • January 14, 2020
    ...Discoverability, "Appropriate Means", Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s 5, Pepper v Sanmina-Sci Systems (Canada) Inc., 2017 ONCA 730, Western Life Assurance Company v Penttila, 2019 ONSC 14 HMB Holdings Limited v Antigua and Barbuda, 2020 ONCA 12 Keywords: Civil Procedure......
  • Eric's LTD Update - Winter 2020
    • Canada
    • Mondaq Canada
    • January 23, 2020
    ...The motion judge erred in law by failing to apply the principle stated by this court in Pepper v. Sanimina-Sci Systems (Canada) Inc., 2017 ONCA 730, [2018] I.L.R. that an insured has a cause of action for breach of contract against her insurer when the insurer stops paying LTD benefits. In ......
  • When Is It 'Appropriate' To Commence An Action? Court Of Appeal Provides Further Guidance On Limitation Periods
    • Canada
    • Mondaq Canada
    • October 2, 2017
    ..."appropriate" with respect to section 5(1)(a)(iv) of the Limitations Act, 2002 ("Act"). In Pepper v. Sanmina-Sci Systems (Canada) Inc., 2017 ONCA 730, the plaintiff sued the defendant insurer for payment of LTD benefits. The insurer stopped payment of benefits on November 1, 2007. The State......
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