LTD termination or denial: How long do you have to appeal?

If your long term disability benefits have been denied or terminated, there is a time limit on how long you have to pursue legal action. Each province has statutorily legislated time frames, called limitation periods, that dictate the amount of time you have to commence a lawsuit.

In many instances, the limitation period is two years. However, it is important to know the limitation period that is set out in your LTD insurance policy, because this period could be shorter than two years. For example, in Cameron v. NSAHO, the Nova Scotia Court of Appeal dealt with the issue of whether the one year limitation period set out in that case or the two year statutory limitation period applied. The Court of Appeal upheld the shorter limitation period from the insurance policy in this instance. Because of this finding, it is important to know the statutory limitation period for your province, and any limitation period that is set out in your policy.

At MacGillivray Law, we deal with insurance companies on a daily basis. We can review your policy to ensure that you don’t miss out on a claim because of an issue with the limitation period. Book a free consultation to learn how we can help.

The legislation governing general limitation periods in Atlantic Canada and Ontario is linked below:

• Nova Scotia
• New Brunswick
• Newfoundland and Labrador
• Prince Edward Island
• Ontario