The plaintiff brought a motion to amend her Statement of Claim to seek recovery of statutory accident benefits, a declaration of catastrophic impairment, and punitive damages.
The defendant opposed the motion, arguing that the Superior Court lost jurisdiction over new accident benefit disputes on April 1, 2016, when jurisdiction was transferred to the Licence Appeal Tribunal.
The court granted the motion, finding that the proposed amendments were a particularization and redrafting of the original pre-transition claim, not a new proceeding.
The court deferred the issue of whether the plaintiff failed to mediate the specific benefits prior to commencing the action to the trial judge.
