2 total
Summary judgment granted
The defendant brought a motion for summary judgment to dismiss the plaintiff's tort action arising from a motor vehicle collision.
The defendant argued that the plaintiff was an excluded driver under an OPCF 28A endorsement, and therefore, pursuant to s. 267.6 of the Insurance Act, was precluded from recovering damages.
The plaintiff claimed an honest but mistaken belief that the exclusion applied only to a specific vehicle and not the newly acquired vehicle involved in the accident.
The court found the excluded driver endorsement to be clear and unambiguous, applying to "ALL VEHICLES INSURED UNDER THIS WAWANESA CERTIFICATE," and deemed the plaintiff's explanations implausible.
Concluding there was no genuine issue requiring a trial, the court granted summary judgment, dismissing the plaintiff's action.
The court granted the defendant leave to amend his pleadings to add an uninsured driver defence, finding any prejudice to the plaintiff was self-created.
The defendant moved to amend his Statement of Defence to assert that the plaintiff was an excluded driver under his insurance policy, rendering his vehicle uninsured at the time of the accident, and thus barring recovery under s. 267.6(1) of the Insurance Act and s. 2(1) of the Compulsory Automobile Insurance Act.
The plaintiff opposed, claiming irremediable prejudice due to expired limitation periods for claims against the former vehicle owner, insurance broker, or insurer, and arguing estoppel.
The court found no irremediable prejudice, deeming any prejudice self-created, and rejected the estoppel argument, granting leave to amend the Statement of Defence.
