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The court granted the defendant leave to amend his pleadings to add an uninsured driver defence, finding any prejudice to the plaintiff was self-created.
The defendant moved to amend his Statement of Defence to assert that the plaintiff was an excluded driver under his insurance policy, rendering his vehicle uninsured at the time of the accident, and thus barring recovery under s. 267.6(1) of the Insurance Act and s. 2(1) of the Compulsory Automobile Insurance Act.
The plaintiff opposed, claiming irremediable prejudice due to expired limitation periods for claims against the former vehicle owner, insurance broker, or insurer, and arguing estoppel.
The court found no irremediable prejudice, deeming any prejudice self-created, and rejected the estoppel argument, granting leave to amend the Statement of Defence.
