Elliot Goodman

The plaintiffs brought a motion in writing for court approval of a $10,000 settlement of the minor plaintiff's derivative Family Law Act claim arising from a motor vehicle accident.

The court approved the settlement amount as fair and reasonable.

However, the court declined the request to pay the settlement funds directly to the minor's parent and litigation guardian, interpreting recent amendments to Rule 7.09 and the Children's Law Reform Act to maintain the presumption of payment into court absent evidence justifying an alternative arrangement.

The court also refused to sign the submitted draft judgment because it improperly incorporated unsigned minutes of settlement, bound a non-party insurer, and included overly broad release language.

The applicant was involved in a motor vehicle accident and sought statutory accident benefits.

The insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.

The applicant argued she suffered from chronic pain syndrome and had pre-existing conditions that prevented maximal recovery within the MIG.

The Tribunal found insufficient medical evidence to support the applicant's claims, noting a three-year gap in reporting accident-related pain to her family physician.

The Tribunal concluded the injuries were predominantly minor and dismissed the application for further treatment plans, assessments, and interest.