Plaintiff
Defendant
The case Rahmouni v. Distinctive Wood Products Inc., 2024 ONSC 5738, revolves around Ammar Rahmouni's claim against Desjardins Insurance (DFS) for unpaid disability benefits, which he alleges were due to injuries sustained while working for Distinctive Wood Products Inc. (DWP). Key points:
Plaintiff's Employment & Injury: Rahmouni worked for DWP from October 2016 to May 2017. He suffered back pain and other injuries related to repetitive work.
Insurance Coverage: DFS provided group insurance to DWP employees, including Rahmouni, from February 2017 to May 2017.
Claim Errors & Amendments: Rahmouni initially filed a claim citing a 2020 car accident as the cause of disability but later corrected it to early 2017 workplace injuries. Despite this correction, he never filed an official claim for benefits with DFS.
Motion for Summary Judgment: DFS sought summary judgment, arguing that Rahmouni’s claim was time-barred by both statutory and contractual limitations.
Ruling: The court granted summary judgment, finding the claim statute-barred. The plaintiff's failure to file within the two-year limitation period and not applying for benefits in time were critical. Relief from forfeiture was denied due to non-compliance with insurance terms. No monetary award was specified.
Rahmouni's actions were deemed unreasonable, leading to prejudice against DFS's ability to investigate the claim.
Court
Superior Court of Justice - OntarioCase Number
CV-21-955Practice Area
Insurance lawAmount
Winner
DefendantTrial Start Date
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