The appellant was receiving long-term disability benefits from the respondent insurer.
The parties had previously settled a dispute regarding the calculation of benefits, executing Minutes of Settlement and a Release that affirmed the policy continued to apply.
The appellant later received retroactive Canada Pension Plan (CPP) disability benefits, and the insurer sought to deduct these from her long-term disability benefits as a direct offset under the policy.
The appellant applied for a declaration that the Minutes of Settlement precluded this deduction.
The application judge dismissed the application, finding the settlement did not modify the policy's CPP offset provision.
The Court of Appeal upheld the decision, confirming that the contractual interpretation was correct and the policy's offset provisions remained in effect.
