James B. Tausendfreund

The plaintiff was injured in a collision with an uninsured motorist.

His insurer denied uninsured automobile coverage because the plaintiff was driving with a suspended licence.

The Minister of Finance, administering the Motor Vehicle Accident Claims Fund, brought a cross-claim on behalf of the uninsured defendant seeking a declaration of coverage.

The insurer moved for summary judgment to dismiss the claim and cross-claim, arguing the cross-claim was time-barred.

The Court of Appeal held that the statutory condition regarding authorized driving did not apply to uninsured automobile coverage unless explicitly provided in the policy, which it was not.

While the cross-claim was out of time under the Limitations Act, the court stayed the limitation defence in the interest of judicial economy.

The plaintiffs moved to strike portions of the defendant's affidavit filed in support of a summary judgment motion, arguing the paragraphs disclosed without prejudice settlement communications.

The court dismissed the motion, finding that the communications were simply an accounting reconciliation of agreed and disputed invoices, rather than privileged settlement negotiations involving a compromise of positions.