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Leave to amend the statement of claim was granted despite exceeding defendants' insurance policy limits.
The plaintiff brought a motion to amend the statement of claim to increase damages from $1,000,000 to $6,000,000 based on a Future Cost of Care report dated January 27, 2025, and the plaintiff's failure to recover as well as expected following amputation of his arm.
The defendants opposed the motion, arguing that the evidence from discovery did not support the increased damages and that the amendment exceeded their insurance policy limits.
The court granted the motion, finding that all factors under the applicable test favoured amendment and that exceeding policy limits does not constitute non-compensable prejudice.
Costs were awarded to the plaintiff.
Insurer ordered to pay 30% special award for 16-month delay in arranging psychological assessment.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer placed the applicant in the Minor Injury Guideline (MIG).
After the applicant submitted psychological assessments indicating impairments outside the MIG, the respondent delayed arranging its own psychological assessment for 16 months.
Once the respondent's assessment confirmed the psychological impairments, the respondent removed the applicant from the MIG and approved the disputed treatment plans.
The applicant sought an award under s. 10 of Regulation 664 for unreasonable delay.
The Tribunal found the respondent acted stubbornly and inflexibly by failing to promptly respond to the medical evidence, and ordered an award of 30 per cent of the value of the delayed treatment plans ($3,457.43).
