Uninsured motorist - Limitation of actions; Practice - Third parties - adding a party

Tomescu v. Sarhan

Application to add insurer providing uninsured motorist coverage as defendant allowed after expiration of applicable limitation period.

[2013] O.J. No. 1059

2013 ONSC 1358

Ontario Superior Court of Justice

T.A. Bielby J.

March 11, 2013

The plaintiff insured brought an action arising out of a motor vehicle accident. The plaintiff initially sued the defendants but had difficulty identifying their insurer. It was not until the defendants were examined for discovery that the plaintiff determined that the defendants had no insurance. The plaintiff sought then to add its own insurer as a defendant since the insurer's policy with the plaintiff included uninsured motorist coverage. The application to add the insurer as a defendant was brought outside the limitation period.

The insurer opposed the application to be added as a defendant and argued that the plaintiff had not exercised due diligence in ascertaining the identity of the defendants' insurer. The court was satisfied that the plaintiff had exercised due diligence and the application was allowed.