The plaintiff sought leave to amend his statement of claim to add allegations that the defendant insurer's underwriting policy constituted discrimination under the Human Rights Code, and to clarify facts and plead provisions of the Insurance Act.
The defendant opposed the Human Rights Code amendments, arguing lack of jurisdiction, untimeliness due to limitation period expiry, and prejudice.
The court found it had jurisdiction under Section 46.1 of the Code, as the Code claim was brought with an independent cause of action (breach of insurance contract).
It also determined that the limitation period for the Code amendments had not expired, as the plaintiff only discovered the relevant underwriting guidelines in March 2021, and in any event, declaratory relief sought under the Code has no limitation period.
The court found no uncompensable prejudice to the defendant.
Leave to amend was granted, and costs were awarded to the plaintiff.
