The plaintiff sought leave to amend her statement of claim to include a declaration of catastrophic impairment and claims for punitive, aggravated, and exemplary damages, and to compel the defendant to produce redacted adjuster's log notes with explanations.
The defendant opposed the amendments, arguing they were new claims barred by the April 1, 2016 amendment to the Insurance Act, which directs statutory accident benefit disputes to the Licence Appeal Tribunal (LAT).
The court dismissed the request to amend the statement of claim, finding the proposed amendments constituted new claims not implicit in the original pleading.
However, the court granted the request for the production of redacted adjuster's log notes, along with explanations for each redaction, as the defendant had previously undertaken to produce them.
