By Karen Vigmond (May 3, 2024, 3:36 PM EDT) -- In November 2019, the Ontario Court of Appeal released its decision in Tomec v. Economical Mutual Insurance Company, 2019 ONCA 882, in which it found that the two-year limitation period set out in the Statutory Accident Benefits Schedule (SABS) was subject to the rule of discoverability. The Court of Appeal stated that applying a hard limitation period was contrary to the consumer protection purposes of the SABS and discouraged a narrow interpretation of the time limitation by insurers. Such an approach was not only inconsistent with the policy rationales that underlie limitation periods but could also lead to absurd results. ...