Kevin Doan

The plaintiff sought to schedule motions to set aside two 2007 consent orders that dismissed his actions following a settlement for statutory accident benefits.

The plaintiff intended to argue that the settlement was void due to non-disclosure by the insurer and to raise a constitutional challenge against binding Court of Appeal precedent.

The court declined to schedule a single unified hearing, finding the proposed proceedings too complex and fraught with procedural issues.

Instead, the court directed the parties to first schedule a hearing to determine whether the court has jurisdiction (or if the License Appeal Tribunal is the proper forum) and whether the plaintiff must repay the settlement funds before challenging the settlement.

The plaintiff sought to schedule a single, three-hour motion to set aside a 2007 settlement of his statutory accident benefits claims, arguing the insurer failed to provide a mandatory disclosure notice and settled without his authority.

The court found the proposed scheduling premature and procedurally inappropriate, noting complex jurisdictional issues regarding whether the Licence Appeal Tribunal or the court is the proper forum, and whether the plaintiff must first repay the settlement funds.

The court directed the parties to discuss the proper forum and scheduling before proceeding.

The defendant bank successfully brought a motion for summary judgment and sought costs on a substantial indemnity basis, relying on two offers to settle.

The court found that the defendant's second offer, which required the plaintiff to resign and forfeit ongoing long-term disability benefits, superseded the first offer.

Because the value of the ongoing benefits was unknown, the defendant could not prove the summary judgment dismissal was more favourable than the second offer.

The court awarded the defendant costs of the motion and the action on a partial indemnity basis, fixed at $57,500 inclusive.

The plaintiff sued her employer, CIBC, and the plan administrator, Great-West Life, for long-term disability benefits, funding for treatment plans, and damages for mental distress and punitive damages.

CIBC brought a motion for summary judgment to dismiss the claims against it.

The court found that CIBC did not breach its duty of good faith in refusing to fund the proposed treatment plans, as its decision was based on proper principles and supported by medical opinions.

The court also found no bad faith in CIBC withholding one month of benefits due to the plaintiff's failure to provide advance notice of out-of-province travel.

The motion for summary judgment was granted and the claims against CIBC were dismissed.

The plaintiff was injured in a motor vehicle accident and received Income Replacement Benefits (IRBs) from her insurer until they were terminated in 2003.

She commenced an action against the insurer for other benefits in 2005, but did not claim IRBs.

In 2007, she commenced a new action against the insurer for IRBs and against her former lawyer for negligence.

The insurer brought a motion for summary judgment to dismiss the IRB claim as statute-barred.

The court granted the motion, finding that the insurer's 2003 notice of termination was clear and unequivocal, triggering the two-year limitation period, which had long expired.