On April 8, 2013, Ms. Penttila wrote to Western to advise
that “I have received your letter of February 19, 2013. I wish to
appeal this claim decision.”
 Ms. Penttila provided further medical information. On
November 13, 2013, Western asked Ms. Penttila to provide two
doctors’ reports and advised that, “[u]pon receipt of all the above
requested information, we will complete our review of your
appeal and advise you of the decision”. There was no statement
(as there was in earlier letters) that Western was not waiving any
right to rely on any time limitations.
 Further documentation was again provided by Ms. Penttila.
On October 21, 2014, Western wrote to Ms. Penttila to advise that
the file had been reviewed and that Western’s position “remains
 Thereafter, Ms. Penttila was asked to return income
received from CPP disability benefits to be set off against any
long-term disability benefits to be paid by Western pursuant to
the policy. Ms. Penttila repaid $27,397.84.
 On May 25, 2015, Ms. Penttila advised that,
I asked if you reviewed my file and you stated you did and LTD entitlement
was denied. From this conversation I was led to believe you sent a letter with
your decision after you reviewed new information + existing file. To this date,
I did not receive a letter with your decision from your review. May you please
check into this for me and resend a copy of this decision.
 On June 18, 2015, Western sent Ms. Penttila a letter advising that they could not conclude on the basis of the information
available that she was unable to perform any occupation for
which she was qualified and therefore “further disability benefits
beyond March 6, 2013 remain declined”.
 Ms. Penttila issued her statement of claim on June 6, 2016.
 On May 16, 2017, Ms. Penttila swore an affidavit. In it she
stated that she at all times believed that Western was considering
her appeal from the time the initial benefits were denied (in the
letter dated February 19, 2013) to the time she received the final
decision by way of Western’s letter of June 18, 2015. She was not
cross-examined on her affidavit.
 Western brought a motion for summary judgment alleging
that the claim issued on June 6, 2016 was statute-barred.
 The motion judge dismissed Western’s motion for summary
The Relevant Provision in the Limitations Act, 2002
 It is agreed that the limitation period is two years. The
limitation period commences when the claim is “discovered”.