The appellant was injured in a motor vehicle accident and commenced an action against the driver and owner identified in the police accident report.
After the limitation period expired, the appellant learned the vehicle was uninsured and sought leave to amend the statement of claim to add his own insurer for uninsured motorist coverage.
The motion judge dismissed the motion, finding a lack of due diligence.
The Court of Appeal allowed the appeal, holding that the appellant acted with reasonable diligence by relying on the insurance information in the police report until receiving actual notice to the contrary.
