In Tomec v. Economical Mutual Insurance Company, the Divisional Court held that the limitation period in s. 51 of the Statutory Accident Benefits Schedule is not subject to common law discovery or the discovery provisions in s. 5 of the Limitations Act. It is a “hard” limitation period in that it runs from a fixed event, which is the refusal to pay the benefit claimed.
Update! The Court of Appeal overturned this decision. Discoverability doesn’t apply.