B. Straitman

At a pre-trial for a motor vehicle accident case, the parties sought direction on how to proceed given the defendant had delivered a jury notice prior to the January 1, 2020 amendments to Rule 76.

The Master held that the new Rule 76 and section 108 of the Courts of Justice Act prohibit jury trials in simplified procedure actions.

Consequently, actions with pre-2020 jury notices must be converted to the ordinary procedure to preserve the right to a jury trial.

Following a global private mediation resolving claims arising from a motor vehicle accident, the plaintiff executed Minutes of Settlement and full and final releases settling long‑term disability and tort claims with two insurers.

Several weeks later the plaintiff attempted to resile from the settlements, asserting she had been fatigued, in pain, and under stress during mediation.

The insurers moved for judgment enforcing the settlements.

The court held that a change of heart or “buyer’s remorse” is not a valid basis to set aside a settlement and found no evidence of duress, incapacity, lack of authority, or unconscionability.

The settlements were therefore enforced and judgment granted in accordance with their terms.