Statutes referred to
Courts of Justice Act, R.S.O. 1990, c. C.43, s. 19 [as am.]
Limitations Act, 2002, S.O. 2002, c. 24, Sch. B, s. 5(1), (a)( i), ( ii), ( iii), ( iv)
APPEAL from the order of the motion judge.
Elizabeth Bennett-Martin and Charlotte Watson, for appel-lant/defendant Western Life Assurance Company of Canada.
William G. Scott, for respondent/plaintiff Ms. Penttila.
The judgment of the court was delivered by
THORBURN J.: —
 Western Life Assurance Company of Canada (“Western”)
brought a motion for summary judgment before Lederer J. (the
“motion judge”). On the motion for summary judgment, Western
argued that there was no genuine issue requiring a trial as Karen
Penttila’s claim for long-term disability benefits was statute-barred. The motion judge refused to grant summary judgment.
Western appeals the motion judge’s decision to dismiss the motion for summary judgment.
 Ms. Penttila was a residential support worker insured
through a policy with Western.
 She received long-term disability benefits from Western for
back problems beginning on May 16, 2012. By December 21,
2012, Western advised her that there was to be a change to the
definition of long-term disability as it applied to her, which
change would come into effect on March 7, 2013.
 On February 19, 2013, Western advised her that,
. . . in light of this definition change . . . your claim for LTD benefits will be
denied as of March 7, 2013.
If you disagree with our determination, you may appeal this claim decision by
sending your written request for review to our office within 60 days from the
date of this letter. This request should include any medical documentation
that you feel would assist you in your appeal, in addition to a written status of
your CPP tribunal. The cost of obtaining additional medical documentation
would not be covered by Western.
In offering to review additional evidence, we are not waiving our right to rely
on any statutory or policy provision including any time limitations.