Jennifer Chapman

The plaintiff brought a motion seeking leave to amend the statement of claim to add a declaration that she was a victim of crime under the Victims’ Bill of Rights, 1995 and to obtain substantial indemnity costs against the defendant who had pleaded guilty to dangerous driving.

The motion also sought summary judgment declaring the plaintiff a victim of crime and fixing costs payable by the Motor Vehicle Accident Claims Fund.

The court held that the proposed amendment constituted a new cause of action advanced 13 years after the accident and after the limitation period had expired, creating presumed non‑compensable prejudice to the defendant.

The court further found the evidentiary record insufficient to justify enhanced costs under the Victims’ Bill of Rights and inadequate to support the requested cost award.

The motion was therefore dismissed.

The plaintiff was injured in a motor vehicle accident while driving a vehicle insured by the moving party, despite having a suspended driver's licence.

The other vehicle involved was uninsured.

The plaintiff sued the other driver and claimed uninsured automobile coverage from the moving party.

The moving party brought a motion for summary judgment to dismiss the claim and a cross-claim brought by the Motor Vehicle Accident Claims Fund, arguing the plaintiff breached a statutory condition by driving while suspended.

The court dismissed the motion, finding that under the Insurance Act, statutory conditions do not apply to uninsured automobile coverage unless explicitly stated in the contract, which was not the case here.

The court also held the cross-claim was not statute-barred.