In
Tomec v Economical Mutual Insurance
Company, 2019 ONCA 882, the Ontario Court of Appeal
allowed an insured s appeal from an application for judicial
review of a decision of the Licence and Appeal Tribunal to deny
enhanced housekeeping and attendant care benefits. The
unanimous panel concluded that the rule of discoverability applied
to s. 281.1(1) of the Insurance Act and to s. 51(1) of the old
Statutory Accident Benefits Schedule such that the two-year
limitation period to dispute benefits could not run before an
insured was determined to be catastrophically impaired (CAT).
Tomec is now a leading case on limitation periods at
the Tribunal. It is the first to say that the two year