Brown v. A Party Unknown, 2014 NSSC 220
When 14-year-old pedestrian Nigel Brown was struck by a hit-and-run driver, the last thing on his mind was his entitlement to insurance benefits. As the victim of an unidentified driver, Brown was left with no one to sue. Before being allowed to access benefits from the publicly funded uninsured motorists' fund (managed by the publicly funded Facility Association) Brown had to prove that the driver could not be found and that he had access to no other insurance benefits.
To access benefits in Nova Scotia, Brown had to apply to Court for an Order to bring his claim against "a party unknown". Once allowed to sue this unknown Defendant, Brown could make a claim to benefits from the Facility Association.
As part of Brown's Application to Court, his solicitor signed an Affidavit herself setting out the factual details of Brown's claim. This included details as to how the hit-and-run driver was reported to police and that no one in Brown's household had an insurance policy at the time of the accident which could compensate him for this loss.
During the Application hearing, the solicitor for the Facility Association argued that it was Brown and his mother who should have provided the factual evidence to the Court, not their solicitor. Despite Brown and his mother being available to give oral evidence before the Court, Brown was instead asked by the Court to re-apply another day and to give his own Affidavit evidence explaining that the driver of the automobile was unknown and could not be found despite making all reasonable efforts.
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