The plaintiffs sought leave to amend their Statement of Claim to include claims for punitive and aggravated damages, and costs under the Victims' Bill of Rights, 1995, arising from a motor vehicle accident involving an impaired driver.
The defendants opposed, arguing the amendments constituted a new cause of action and would cause prejudice.
The court granted leave to claim punitive and aggravated damages and to plead impaired driving, finding these were not new causes of action and any prejudice could be remedied by costs or adjournment.
However, leave to claim costs under the Victims' Bill of Rights was denied, as impaired driving is not a prescribed offence under the relevant section of the Act.
