Regulatory provision did not apply to settlements that occurred after court action was commenced

Insurance - Automobile Insurance - No-fault benefits

Applicant was injured in automobile accident and received some benefits until insurer terminated payment. Applicant commenced action which was settled. Applicant purported to rescind settlement notice. Arbitrator decided as preliminary issue whether arbitration should proceed, given that full and final release had been signed. Arbitrator concluded that, based on binding effect of two Court of Appeal decisions, applicable regulatory provision did not apply to settlements that occurred after court action had been commenced. Arbitrator's order that applicant's claim was barred was upheld on appeal by Director's Delegate. Application for judicial review was dismissed. Applicant appealed. Appeal dismissed. There was no error in decision of Divisional Court. Appropriate standard of review was applied to decision of Director's Delegate. Court of Appeal cases in question were dispositive of issues on this appeal.

Sidhu v. Aviva Canada Inc. (2019), 2019 CarswellOnt 8270, 2019 ONCA 444, Tulloch J.A., Benotto J.A., and Huscroft J.A. (Ont. C.A.); affirmed (2018), 2018 CarswellOnt 10577, 2018 ONSC 3710, Marrocco A.C.J.S.C., Harvison Young J., and Mew J. (Ont. Div. Ct.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

List of changes proposed by AG Downey in bill 161

Questions remain on funding sustainability in legal clinic system

Judges to receive training on human trafficking

New criminal law program targets high school students

Advocates’ Society mourns passing of former president Ted Rachlin

Canadian lawyers Brian Cohen and Rhonda Rudick join the American College of Trust and Estate Counsel

Most Read Articles

Judiciary’s comments on women come to fore

Appeal court frees catastrophically injured from ‘absurd,’ ‘Kafkaesque’ rule

Federal Crowns to get payout from Phoenix pay system

Free online programs launched by Ryerson’s Legal Innovation Zone