Galego v. State Farm Mutual Automobile Insurance Co. et al., (2005) 207 O.A.C. 384 (DC)

• Judge: Lax, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: September 12, 2005
• Jurisdiction: Ontario
• Citations: (2005), 207 O.A.C. 384 (DC)

Galego v. State Farm (2005), 207 O.A.C. 384 (DC)

MLB headnote and full text

Temp. Cite: [2005] O.A.C. TBEd. SE.081

Luisa Galego v. State Farm Mutual Automobile Insurance Company, Carlos Pereira and Harold Haskett

(744/03)

Indexed As: Galego v. State Farm Mutual Automobile Insurance Co. et al.

Court of Ontario

Superior Court of Justice

Divisional Court

Lax, J.

September 14, 2005.

Summary:

On November 21, 2001, the plaintiff issued a statement of claim in respect of motor vehicle accidents that occurred on May 30, 1998, November 22, 1999 and November 2, 2001. The plaintiff made a claim against her insurer, under the uninsured motorist provisions in her insurance policy, in respect of the 1999 accident but not the 1998 accident. She also claimed against her former lawyer for having failed, within the applicable two-year limitation period, to file a claim against the insurer in respect of the 1998 accident. In 2003, the plaintiff applied for leave to amend her statement of claim to add a claim against her insurer for the 1998 accident.

A Master of the Ontario Superior Court dismissed the application where the claim sought to be added was statute barred. The former lawyer appealed.

The Ontario Divisional Court, per Lax, J., dismissed the appeal.

Insurance - Topic 5194

Automobile insurance - Compulsory government schemes - Uninsured or underinsured motorist coverage - Limitation period - In 2003, the plaintiff sought to amend her 2001 statement of claim to add a claim, in respect of a 1998 motor vehicle accident, against her insurer under the uninsured motorist provisions of her policy - The applicable limitation period was two years - A Master dismissed the application, holding that the limitation period had expired - The Ontario Divisional Court, per Lax, J., affirmed the decision - The plaintiff knew or ought to have known in 1998 that she had a claim based on the fault of an uninsured motorist because the insurer had informed her in 1998 that the motorist was uninsured.

Cases Noticed:

Johnson et al. v. Wunderlich et al. (1986), 18 O.A.C. 89; 57 O.R.(2d) 600 (C.A.), refd to. [para. 4].

Somersall v. Friedman et al., [2002] 3 S.C.R. 109; 292 N.R. 1; 163 O.A.C. 201, refd to. [para. 6].

Chambo v. Musseau (1993), 65 O.A.C. 291 (C.A.), consd. [para. 8].

Counsel:

T. Bates for the appellant, Carlos Pereira;

P. Dunda for the respondent, State Farm Mutual Automobile Insurance Company.

This appeal was heard on September 12, 2005, by Lax, J., of the Ontario Divisional Court, who released the following endorsement on September 14, 2005.