What is the limitation period governing a marine insurance claim?
The federal Marine Insurance Act does not prescribe a limitation period for a claim under a marine insurance policy. This omission has resulted in a great deal of uncertainty as to whether there is a statutory limitation period applicable to such claims. This uncertainty arises because of the decision of the Supreme Court of Canada in Ordon v Grail, [1998] 3 S.C.R. 437. Until the decision in Ordon v Grail it was thought that the limitation periods prescribed by provincial statutes would apply to marine insurance claims. Within British Columbia, section 24 of the Insurance Act provides for a one year limitation period from the time of the furnishing of a proof of loss. However, with the decision of the Supreme Court of Canada in Ordon v Grail, [1998] 3 S.C.R. 437, it is now very doubtful whether provincial limitation periods are constitutionally applicable to matters otherwise governed by Canadian maritime law, including marine insurance. The question of the applicable limitation period
