Mediation settlement upheld as valid despite insurer's alleged failure to disclose a rehabilitation report.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until they were terminated by the insurer.
The parties reached a settlement at mediation, but the applicant subsequently sought to invalidate the agreement, arguing the insurer failed to disclose a rehabilitation consultant's report prior to the settlement.
The arbitrator held that the report contained no information that would render the settlement unconscionable and upheld the validity of the mediation agreement.
The applicant was awarded expenses for the preliminary issue hearing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 29, 1993
