The insured was injured in a motor vehicle accident and received Statutory Accident Benefits until a dispute arose.
After commencing litigation, the parties settled at a private mediation.
The insured later retained new counsel and successfully moved to rescind the settlement, arguing the insurer failed to comply with disclosure requirements under section 9.1 of the Automobile Insurance Regulation.
The insurer appealed.
The Court of Appeal allowed the appeal, holding that section 9.1 does not apply to settlements reached after litigation has commenced.
