Arbitration precluded by valid settlement release; applicant's forgery and duress claims rejected.
The applicant was injured in a motor vehicle accident and received statutory accident benefits from the insurer until they were terminated.
The parties subsequently met and the applicant signed a release in exchange for a $2,000 lump sum payment.
The applicant later sought to arbitrate her entitlement to further benefits, alleging she did not sign the release, or alternatively, that the settlement was vitiated by mistake, duress, or inequality of bargaining power.
The arbitrator found that the applicant did sign the release, relying on expert handwriting evidence, and that there were no vitiating factors.
The arbitration was deemed frivolous and an abuse of process, and the applicant was ordered to pay $1,000 to the insurer.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 28, 1995
