Western Life Assurance Company v. Penttila, 2019 ONSC 14

JurisdictionOntario
JudgeThorburn
Citation2019 ONSC 14
Docket NumberDC-18-008
CourtSuperior Court of Justice of Ontario (Canada)
Date07 January 2019
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9 practice notes
  • Court Of Appeal Summaries (January 6 – January 10, 2020)
    • Canada
    • Mondaq Canada
    • January 14, 2020
    ...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, Conflict of Laws, Foreign Judgments, Enforcement, Jurisdict......
  • Sarokin v. Zhang, 2020 ONSC 1839
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 24, 2020
    ...Presidential MSH Corporation v. Marr Foster & Co. LLP, 2017 ONCA 325 at paras 46-48. Western Life Assurance Co. of Canada v. Penttila, 2019 ONSC 14 (Div. Ct.) at para. 35). The evidence before me does not support these conclusions. This includes the potential effect of discussions betwe......
  • Eric's LTD Update - Winter 2020
    • Canada
    • Mondaq Canada
    • January 23, 2020
    ...on s. 5(1)(a)(i), the motion judge relied on the decision of the Divisional Court in Western Life Assurance Company v. Penttila, 2019 ONSC 14, 144 O.R. (3d) 198. The motion judge appears to have misapplied Western Life Assurance on the issue of when an insured knows that a loss, injury or d......
  • A Primer On Long Term Disability Claims'Three Important Considerations
    • Canada
    • Mondaq Canada
    • March 8, 2021
    ...when the insurer refuses to pay the benefits according to the Divisional Court decision in Western Life Assurance Company v Penttila, 2019 ONSC 14. In that case, the Court upheld the motion judge's decision that the claim was not statute-barred because it had not been discovered for the pur......
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5 cases
  • Sarokin v. Zhang, 2020 ONSC 1839
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 24, 2020
    ...Presidential MSH Corporation v. Marr Foster & Co. LLP, 2017 ONCA 325 at paras 46-48. Western Life Assurance Co. of Canada v. Penttila, 2019 ONSC 14 (Div. Ct.) at para. 35). The evidence before me does not support these conclusions. This includes the potential effect of discussions betwe......
  • Kumarasamy v. Western Life & Morris National Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 14, 2021
    ...letter also includes information for the plaintiff to appeal the “claim decision”. [57] In Western Life Assurance Company v. Penttila, 2019 ONSC 14, 144 O.R. (3d) 198 , Justice Thorburn, as she then was, set out the guidelines as to when it is appropriate to bring a proceeding within secti......
  • Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11
    • Canada
    • Ontario Court of Appeal (Ontario)
    • January 8, 2020
    ...on s. 5(1)(a)(i), the motion judge relied on the decision of the Divisional Court in Western Life Assurance Company v. Penttila, 2019 ONSC 14, 144 O.R. (3d) 198. The motion judge appears to have misapplied Western Life Assurance on the issue of when an insured knows that a loss, injury or d......
  • Clarke v. Sun Life Assurance Company of Canada, 2019 ONSC 2942
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • May 14, 2019
    ...2017 ONCA 395, at para 2, leave to appeal to S.C.C. refused, 37698 (21 December 2017). [3] Western Life Assurance Company v. Penttila, 2019 ONSC 14, 144 O.R. (3d) 198 (Div. Crt.), at para. 35, relying on Kassburg v. Sun Life Assurance Company of Canada, 2014 ONCA 922, 124 O.R. (3d) 171, at ......
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4 firm's commentaries
  • Court Of Appeal Summaries (January 6 – January 10, 2020)
    • Canada
    • Mondaq Canada
    • January 14, 2020
    ...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, Conflict of Laws, Foreign Judgments, Enforcement, Jurisdict......
  • Eric's LTD Update - Winter 2020
    • Canada
    • Mondaq Canada
    • January 23, 2020
    ...on s. 5(1)(a)(i), the motion judge relied on the decision of the Divisional Court in Western Life Assurance Company v. Penttila, 2019 ONSC 14, 144 O.R. (3d) 198. The motion judge appears to have misapplied Western Life Assurance on the issue of when an insured knows that a loss, injury or d......
  • A Primer On Long Term Disability Claims'Three Important Considerations
    • Canada
    • Mondaq Canada
    • March 8, 2021
    ...when the insurer refuses to pay the benefits according to the Divisional Court decision in Western Life Assurance Company v Penttila, 2019 ONSC 14. In that case, the Court upheld the motion judge's decision that the claim was not statute-barred because it had not been discovered for the pur......
  • LTD Denials - When Does The 2-Yr Limitation Period Start?
    • Canada
    • Mondaq Canada
    • January 15, 2019
    ...was communicated to the insured in a way that makes the denial clear and unequivocal. See Western Life Assurance Company v. Penttila, 2019 ONSC 14 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific......

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