The plaintiffs brought a motion for leave to amend their statement of claim to add an insurer (Economical Mutual Insurance Company, now Definity Insurance Company) as a defendant based on an OPCF 44R endorsement and to increase the quantum of damages.
The defendant opposed the motion.
The court found deficiencies in the service of motion materials on the proposed defendant and insufficient evidence to support the existence of the OPCF 44R endorsement.
Additionally, the defendant's counsel was an articling student not authorized to argue contested motions before a judge.
The court granted an extension for setting the action down for trial but adjourned the balance of the motion, requiring the plaintiffs to rectify the procedural and evidentiary deficiencies.
No costs were awarded for the initial hearing.
