The self-represented plaintiff brought a motion to amend her statement of claim to include accident benefit claims that were the subject of a failed mediation and a subsequently withdrawn arbitration.
The defendant insurer opposed the motion, arguing the amendments were barred by the amended Insurance Act, which requires disputes initiated after April 1, 2016, to proceed to the Licence Appeal Tribunal.
The court agreed, finding that allowing the amendments would circumvent the legislative changes.
The motion to amend was dismissed, though the plaintiff was permitted to pursue the claims at the Tribunal and continue litigating her original statement of claim.
