Key Issues:

1. Class Action Amendment: The plaintiff, Kelly Ann Wood, filed a proposed class action alleging breach of contract regarding weekly indemnity benefits under Section B of New Brunswick’s Standard Automobile Policy. The motion sought to:

   • Amend the Statement of Claim.
   • Add Paula Joanne Sirois as a co-representative plaintiff.
   • Add Definity Insurance Company and Wawanesa Mutual Insurance Company as defendants.
   • Include additional causes of action (e.g., unjust enrichment, bad faith).

2. Defendants’ Opposition:

   • Argued that Wood’s non-residency in New Brunswick at filing rendered the class action non-compliant with the Class Proceedings Act (CPA), specifically Section 3(1), which requires at least one resident plaintiff.
   • Claimed potential prejudice due to suspension of limitation periods under Section 41(1) CPA.

3. Plaintiff’s Position:

   • Asserted no prejudice to defendants due to early case status (no discovery or certification yet).
   • Sought to cure the procedural defect by adding Sirois, a New Brunswick resident.

Court’s Findings:

• Amendment Standard: Under Rule 27.10 of the New Brunswick Rules of Court, amendments should be allowed unless non-compensable prejudice exists.
• Certification Pending: The court found it premature to adjudicate substantive issues like the action’s compliance with CPA residency requirements. It emphasized procedural fairness and access to justice.
• Tolling of Limitation Periods: The court acknowledged potential prejudice but deferred resolution to subsequent motions.

Disposition:

• Motion granted.
• Amendments permitted, including the addition of a new representative plaintiff and defendants.
• No costs awarded.