The appellant was involved in a motor vehicle accident and sued her insurer.
After the limitation period expired, she sought to amend her statement of claim to explicitly plead an uninsured motorist claim, in addition to an underinsured motorist claim.
The Master allowed the amendment, finding the original claim sufficiently raised the issue.
The Superior Court judge reversed.
The Court of Appeal allowed the appeal and restored the Master's order, holding that the original claim, read generously, reasonably communicated an uninsured motorist claim, and the amendment merely clarified it rather than asserting a new cause of action.
