The plaintiff was injured in a motor vehicle accident involving an uninsured motorist.
She sued her former solicitor for failing to commence an action against the tortfeasor within the limitation period.
She later sought to amend her statement of claim to add a direct action against her insurer.
The master refused the amendment, finding the claim was statute-barred.
The solicitor appealed.
The Divisional Court dismissed the appeal, holding that the limitation period for a direct action against an insurer begins when the insured knew or ought to have known the tortfeasor was uninsured, which in this case was more than two years before the proposed amendment.
