The plaintiffs brought a motion for leave to amend their Statement of Claim to add additional defendants, including insurers, and to seek declaratory relief regarding entitlement to statutory accident benefits and uninsured or underinsured motorist coverage following a motor vehicle accident involving an uninsured driver.
The proposed insurers opposed the amendments, arguing that accident benefits claims required prior mediation and that there was insufficient evidence to support entitlement to coverage as dependent relatives under the relevant policies.
The court considered Rule 26.01 of the Rules of Civil Procedure and whether the proposed amendments raised triable issues.
It held that there were serious and triable issues regarding potential coverage under the insurance policies and that denying the amendments would be premature.
The court granted leave to amend the Statement of Claim and allowed the proposed insurers to be added as defendants.
