Free June 23 session aims to help residents protect their rights before July 22 limitation period

Nearly two years after the Jasper wildfire destroyed hundreds of homes and businesses, an Edmonton litigation lawyer is urging residents whose insurance claims remain unresolved to take one critical step before it’s too late.

“The safest decision is to file a claim,” said Mark Smith, a litigation lawyer who regularly represents policyholders in disputes with insurance companies.

Under Alberta’s limitations legislation, homeowners generally have two years from the date of their loss to begin legal action. For Jasper wildfire survivors, that deadline falls on or about July 22.

“If you do not file a claim on or before the two-year anniversary of the fire, you risk having no legal recourse against your insurance company,” Smith said.

That message will form the backbone of a free public information session, Insurance, the Law and the Jasper Wildfires, on June 23 at the Maligne Range restaurant.

Rather than criticizing insurers, Smith said the session is intended to give residents practical information about navigating an insurance process that many have found frustratingly slow.

“The objective is really to educate and inform people,” he said. “It’s not intended to be a bitch-and-whine session about the insurance industry.”

Instead, he hopes residents leave understanding how to protect themselves while continuing to work with their insurers.

Slow progress

According to Smith, many of his clients are not engaged in bitter disputes with their insurance companies.

Instead, the biggest challenge has been the pace.

“It’s just been a very slow process,” he said.

That creates a problem as the limitation period approaches. Many rebuilding projects have yet to begin construction, leaving homeowners wondering whether they should simply wait for negotiations to conclude.

Smith’s answer is no.

Filing a legal claim before the deadline, he said, preserves a homeowner’s legal rights while allowing discussions with insurers to continue.

“File a claim, get some sleep, don’t worry about it, and let the process play out,” he said. “Continue to deal with your insurance company, continue to do what you can with your builder and get back in.”

He emphasized that residents do not have to hire his firm specifically.

“Whether they retain my firm or another lawyer, that’s fine,” Smith said. “My recommendation remains the same: file a claim.”

Extensions create uncertainty

The Municipality of Jasper had asked the Alberta government to extend the limitation period because of the unprecedented scale and complexity of the community’s recovery.

Instead of changing the law, the province’s superintendent of insurance encouraged insurers to voluntarily extend deadlines with policyholders through so-called “tolling agreements.”

Some insurers have done so, Smith said. Others have not.

Even where extensions have been granted, he believes they create uncertainty.

“What happens if a year passes and you still haven’t rebuilt?” he asked. “Do they extend the extension?”

Rather than relying on voluntary agreements, Smith said filing a claim remains the safest option.

An opportunity to learn

The June 23 session will also explain why many commercial property owners discovered they were significantly underinsured after the wildfire, and why some residential owners were unable to access guaranteed replacement coverage because of how their properties were being used.

Smith also plans to answer general questions from residents and distribute information explaining key insurance concepts.

Nearly two years after the wildfire, rebuilding remains incomplete across much of the community.

“There have been some fantastic success stories,” Smith said, noting businesses and homeowners who have returned. “But it’s been slow. It’s been very slow.”

He hopes the session helps residents better understand their options—and gives them the confidence to protect themselves before the July deadline.

The free information session, Insurance, the Law and the Jasper Wildfires, takes place Monday, June 23, at the Maligne Range restaurant. Residents are encouraged to attend with questions about their insurance claims and rebuilding process.

WHAT RESIDENTS NEED TO KNOW

If your wildfire insurance claim isn’t settled yet:

• The two-year limitation deadline is approaching (July 22).
• Filing a legal claim preserves your right to seek compensation later.
• Filing a claim does not necessarily mean negotiations with your insurer end.
• Even if your insurer has offered a deadline extension, understand exactly what it covers.
• Attend the June 23 information session if you have questions about your rights.

Bob Covey // bob@thejasperlocal.com