Law360 Canada ( August 22, 2022, 9:23 AM EDT) -- Appeal by Balsom from the dismissal of her application to order the dismissal of Rideout’s claim. Balsom argued that the applications judge erred in concluding that the communications between her insurer and Rideout’s solicitor were not protected by settlement privilege, and in determining that there was a confirmation of the cause of action, with the result that the action was commenced within the limitation period. On September 1, 2017, the motor vehicles driven by Rideout and Balsom collided. Rideout issued a statement of claim naming Balsom as the defendant. Balsom filed a statement of defence, asserting among other things that Rideout’s action was commenced after the expiration of the two year statutorily prescribed limitation period. The applications judge dismissed Balsom’s application on the basis that there was a confirmation of the cause of action which advanced the date when the limitation period began to run, hence, the cause of action was commenced within the limitation period. The judge relied on communications between Balsom’s insurer and Rideout’s solicitor, which the judge determined were not protected by settlement privilege....