Ontario Civil


Civil Procedure

SETTLEMENT
Plaintiff had change of heart, which was not basis to set aside settlement

Plaintiff was injured in motor vehicle accident and commenced action for insurance benefits and damages. Parties attended mediation and plaintiff entered settlement with two insurers, but subsequently resiled from settlement. Motion by insurer S. for summary judgment enforcing settlement for $110,000 payment in exchange for full and final release. Motion by insurer T., to whom plaintiff agreed in settlement to assign action against uninsured driver and owner, for default judgment against uninsured driver and owner for $288,996.19 in accordance with settlement. Motions granted. It was common ground long-term disability and tort claims were settled and minutes of settlement and releases were executed by all parties. Parties were independently represented by counsel and there was no evidence of duress, lack of capacity or unconscionability. Plaintiff chose not to file her own affidavit and simply put forth her position settlement was not in her best interests through her counsel’s affidavit, but counsel did not assert he believed these facts to be true, which reduced weight. Plaintiff simply had change of heart, which was not basis to set aside settlement.

Morant v. Sun Life Assurance Co. of Canada (May. 23, 2014, Ont. S.C.J., Daley J., File No. CV-12-1009-00, CV-12-0208-00) 240 A.C.W.S. (3d) 594.

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