Andrew M. Lee

The applicant, acting through a litigation guardian under power of attorney due to neurocognitive disability, sought court approval under Rule 7.08 of the Rules of Civil Procedure for a SABS settlement arising from a 2017 traffic accident.

The settlement had been negotiated by a licensed paralegal rather than a lawyer, raising a procedural issue under subrule 7.08(4)(b) which requires an affidavit from the lawyer who acted for the litigation guardian.

The court concluded that Rule 7.08 does not apply to SABS settlements because the Insurance Act confers exclusive jurisdiction over SABS disputes on the Licence Appeal Tribunal, and paragraph 3 of subrule 1.02(1) excludes the Rules of Civil Procedure where a statute provides a different procedure.

The application was dismissed for lack of subject-matter jurisdiction, but the court clarified the dismissal does not invalidate or disapprove the settlement.

An application by a litigation guardian to approve a settlement on behalf of her son, a person under disability, was dismissed.

The settlement for statutory accident benefits was reached almost four years prior, but the materials for judicial approval were significantly delayed.

By the time the application was before the court, the minor had turned 18, and his consent, required under Rule 7.08(4)(c) of the Rules of Civil Procedure, was not obtained or filed, leading to the dismissal of the application.

This endorsement outlines a case management order for five consolidated actions arising from a motor vehicle accident.

The court, acting as case management judge, set a timetable for the remaining procedural steps, including the completion of examinations for discovery, answering undertakings, conducting defence medical examinations, and scheduling a mediation.

The order also directed counsel to circulate a draft consent order for trial of the actions together and to advise on the continuation of an action against a specific insurer.