The appellant was injured in a motor vehicle accident and settled her claim for statutory accident benefits with her insurer for a lump sum.
She later sued for further benefits, and the insurer relied on the signed release.
The appellant argued the release was invalid because the insurer's written notice did not comply with s. 9.1(2) of Regulation 664 under the Insurance Act.
The Court of Appeal agreed, finding the notice failed to provide an estimate of the commuted value of the benefits and failed to state the maximum benefits available.
The appeal was allowed and the summary judgment dismissing the action was set aside.
