The Ontario Court of Appeal's decision in Rooplal v.
Foder, 2021 ONCA 357 addresses the time period that
applies in unidentified motorist claims pursuant to s. 265 of the
Insurance Act1 and Uninsured Automobile
Coverage, R.R.O. 1990, Reg. 676 (“Regulation 676”).
Facts
The plaintiff was injured while riding a Toronto Transit
Commission (“TTC”) bus that was cut off by an
unidentified driver. The plaintiff brought a claim against the
unidentified motorist, the TTC, the bus driver, and her own insurer
pursuant to a family protection coverage endorsement (“OPCF
44R”).
Following examinations for discovery, the plaintiff's
personal insurer amended its statement of defence and crossclaim to
plead that it did not provide coverage for the claim and also that
any such claim should be brought against the TTC's
insurer.
