The applicant was involved in two motor vehicle accidents and settled his claims with the respondent insurer.
He later sought a determination of catastrophic impairment.
The insurer denied the claim on the basis of the full and final settlement agreements and brought a preliminary motion arguing the applicant must repay the settlement funds before proceeding to the Tribunal.
The Tribunal allowed the motion, finding that under s. 9.1(8) of Regulation 664, an insured person cannot apply to the Tribunal regarding benefits that were the subject of a settlement without first returning the money paid in consideration of that settlement.
