Hassan v. Sun Life
Layla Hassan
Law Firm / Organization
Forget Smith
Lawyer(s)

Martin P. Forget

Sun Life Assurance Company of Canada
Law Firm / Organization
Torys LLP

Facts: Layla Hassan sued Sun Life Assurance Company for denying long-term disability benefits. Sun Life argued the claim was not filed within the statutory limitation period, while Hassan sought to validate the delayed service of her claim.

Issues: The court needed to determine if Hassan’s claim was filed within the legal time limit and if service of the statement of claim was valid despite being served late.

Court's Ruling: Justice Nicholson ruled that the limitation period began when Sun Life first denied Hassan’s claim on September 26, 2017. Hassan's action, initiated on December 13, 2019, was outside the two-year statutory period. The court granted Sun Life’s motion for summary judgment, dismissing Hassan’s action as statute-barred.

Costs/Damages: The case was dismissed as statute-barred. The document did not detail specific costs awarded but mentioned that if the parties could not agree on costs, they were to submit written submissions for the court’s determination.

Superior Court of Justice - Ontario
CV-22-00001003-0000
Insurance law
Defendant