M. Barber

The appellant insurer appealed a preliminary arbitral ruling in a statutory accident benefits priority dispute under s. 268 of the Insurance Act and O. Reg. 283/95.

The central issue was whether the 90-day notice requirement in s. 3 was automatically suspended by O. Reg. 73/20 during the COVID-19 emergency period.

The court held, on a purposive interpretation of the emergency regulation, that the notice requirement functioned as a limitation period for that temporary regime and was therefore automatically stayed.

The arbitral dismissal of the priority claim was set aside on that basis, while the court noted that if this interpretation were wrong, deference would support the arbitrator's discretionary findings under s. 2.

The plaintiff brought a motion to amend the statement of claim to add Wynn's Property Maintenance Ltd. as a defendant in a slip and fall action, and initially sought to add two other corporate entities but abandoned that request.

Wynn's opposed the motion, arguing the limitation period had expired.

The court found that the claim against Wynn's was discovered on February 4, 2019, when the plaintiff's counsel was informed of Wynn's identity.

Due to the suspension of limitation periods under the Emergency Management and Civil Protection Act, the motion was brought within time, and leave to add Wynn's was granted.

The court also awarded $3,500 in costs to the two corporate entities that the plaintiff abandoned its motion against, finding the plaintiff failed to conduct proper due diligence before seeking to add them.