The plaintiff, injured in an uninsured motor vehicle accident, sued the Crown for accident benefits and claimed aggravated and punitive damages for bad faith.
The plaintiff moved to compel the Crown to produce an adjuster for examination for discovery, while the Crown cross-moved to strike the bad faith claims for lack of notice under the Proceedings Against the Crown Act (PACA).
The court granted the Crown's cross-motion, finding that the plaintiff's initial letters regarding the accident benefits application did not constitute sufficient notice of a tort claim under s. 7 of PACA.
The court also dismissed the plaintiff's motion for discovery, holding that the Crown is protected by royal prerogative from discovery in actions under the Motor Vehicle Accident Claims Act, as PACA's discovery provisions explicitly do not apply to such claims.
