Authorities referred to
Sullivan, Ruth, Sullivan on the Construction of Statutes, 5th ed. (Markham, Ont.:
MOTION for summary judgment dismissing a claim for uninsured automobile coverage and a cross-claim.
Kristi Sargeant-Kerr, for plaintiff.
Jennifer Chapman, for defendant Kyle Cresswell.
Jonathan Schwartzman, for defendant CAA Insurance Company (Ontario).
 HEENEY J.: — This is a motion for summary judgment
brought by the defendant CAA Insurance Company (Ontario)
(“CAA”), in which it seeks dismissal of the plaintiff’s claim for
uninsured automobile coverage. It similarly seeks dismissal of
the cross-claim brought in the name of the defendant Kyle
Cresswell by counsel for the Motor Vehicle Accident Claims
Fund (the “fund”), which sought a declaration that the plaintiff
was covered by the uninsured automobile coverage provided
under CAA’s policy, and judgment requiring CAA to pay any
amount awarded to the plaintiff up to their policy limits.
 The plaintiff does not oppose the relief sought, and counsel
for the plaintiff made no submissions on this motion. The dispute, then, is between CAA, who wants out of this lawsuit, and
the fund, who takes the position that it is CAA, and not the
fund, who should be paying any amount ultimately awarded to
the plaintiff, up to its policy limits.
 The primary issue is whether uninsured automobile coverage is rendered unavailable to the plaintiff by reason of an
admitted breach of both a term of the policy and a statutory condition that the vehicle not be driven, or permitted to be driven,
by a person who is not authorized by law to drive.
 A second issue was also argued, in which CAA submits that
the cross-claim is statute-barred by the Limitations Act, 2002,
S.O. 2002, c. 24, Sch. B. I will deal with that issue after I dispose
of the primary issue.