The Plaintiff, Laetitia Brousseau, applied for an extension of time for the service of a Statement of Claim. The Action arose out of a car accident. There were three passengers, all Plaintiffs, in one car, and the same law firm acted for all of them. Settlements were reached with two of the Plaintiffs, but not with Ms. Brousseau.

Prior to the filing of the Statement of Claim, the insurer indicated that there were no issues with coverage. Based on, inter alia, the representation that insurance would cover the accident, and that settlement had been reached with the other two Plaintiffs, the Court held that the exceptions to allow time for an extension of service found in Rule 3.27(1)(a)(ii) and (iii) were met. The Application was granted.