Nasr Hospitality Services Inc. v. Intact Insurance, 2018 ONCA 725

At issue on this appeal was the application of the “appropriate means” element of the discoverability test under the Limitations Act. Intact Insurance moved for summary judgment to dismiss the action of the Respondent for indemnification under a commercial insurance policy for losses arising from a flood to its business premises. Intact argued that the Respondent’s action was statute-barred as it was commenced after the expiration of the two year limitation period. The motion judge dismissed Intact’s motion and declared that the limitation period did not begin to run until Intact formally denied the claim (and that this was the point at which the Respondent became aware that a proceeding would be an “appropriate means” to remedy its loss). The Ontario Court of Appeal allowed the appeal. The Court of Appeal held that the limitation period for a property insurance claim generally runs from the date of the loss or damage (and not from the time of the denial). The Court of Appeal also reviewed the law regarding when the general presumption about the limitation period can be set aside due to promissory estoppel.