This motion concerned the amendment of a statement of claim for statutory accident benefits (SABs) to include claims for medical and rehabilitation benefits denied post-issuance and a declaration of catastrophic impairment.
The action was commenced prior to 2016 amendments to the Insurance Act which removed the right to bring actions for SABs disputes, redirecting them to the Licence Appeal Tribunal (LAT).
The court granted the amendment, finding that the proposed changes constituted a particularization of claims already broadly pleaded in the original statement of claim, rather than new disputes arising after the statutory amendments.
The court emphasized the policy against multiplicity of proceedings and the potential for inconsistent findings if claims were bifurcated between the Superior Court and the LAT.
