Kevin H. Griffiths

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.