Niyousha Ghomashchi

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.

The applicant claimed caregiver and housekeeping benefits under the Statutory Accident Benefits Schedule following a motor vehicle accident.

The services were provided by a friend who purchased bus passes to travel to the applicant's home.

The insurer disputed that these out-of-pocket transportation expenses constituted an 'economic loss' under the Schedule.

The arbitrator held that the purchase of bus passes involved the expenditure of funds and constituted a monetary loss, thereby qualifying as an economic loss.

The issue of whether the loss was incurred 'as a result of' providing the services was deferred to a subsequent hearing.