(e) she made concessions and repaid moneys paid pursuant to
her CPP disability setoff, believing that she was engaging in
an attempt at dispute resolution. This was done at the
request of the insurer;
(f) there was no reason for her to do this except to attempt to
resolve the claim instead of litigating; and
(g) there is no suggestion that the delay was a tactical decision to
delay the proceeding.
 Moreover, the courts have recognized that there is a clear
policy objective to encourage parties to resolve matters instead of
going directly to litigation. Waiting for the appeal to be determined is consistent with that important policy objective.
Jurisdiction and Standard of Review
 The court has the jurisdiction to address this issue pursuant to s. 19 of the Courts of Justice Act, R.S.O. 1990, c. C.43.
 The standard of review to be applied to the meaning of
a term in a standard form insurance policy is correctness
(MacDonald v. Chicago Title Insurance Co. of Canada (2015), 127
O.R. (3d) 663,  O.J. No. 6350, 2015 ONCA 842, at para. 41).
 However, the issue of whether the limitation period
expired prior to the issuance of a statement of claim on the facts
of a given case is a question of mixed fact and law for which the
standard of review is that of palpable and overriding error
(Presidential MSH Corp. v. Marr, Foster & Co. LLP (2017), 135
O.R. (3d) 321,  O.J. No. 2059, 2017 ONCA 325).
 Whether an action is appropriate depends on the specific
factual or statutory setting of each individual case (Laskin J.A. in
407 ETR Concession Co. v. Day (2016), 133 O.R. (3d) 762, 
O.J. No. 5006, 2016 ONCA 709, at para. 34).
 The legal question is, when is it legally appropriate to
commence legal proceedings against the insurer? The factual
question is, when did this insured know or ought to have known
that she had a claim and that it was legally appropriate to issue
a statement of claim?
Analysis and Conclusion
A. Contracts of insurance
 In this contract of insurance, Western agreed to reimburse
Ms. Penttila for losses covered by the contract.