Kiran Birk

The plaintiff brought a motion on consent to approve a tort settlement of $40,000 pursuant to Rule 7.08 of the Rules of Civil Procedure.

The settlement was reached when the plaintiff was 16 years old, but the motion for approval was brought after the plaintiff had reached the age of majority.

The court dismissed the motion, finding that it had no authority under Rule 7.08 to approve a settlement for a person who is no longer a minor.

The court noted that the plaintiff must instead obtain an order to continue under Rule 7.06.

The insurer brought a motion to compel a non-party employer, #1 Halal Pizza, to produce the applicant's employment file.

The applicant did not oppose the motion.

The arbitrator found that the employment file was reasonably required to ensure a just and fair hearing, that reasonable efforts had been made to obtain it, and that the employer had failed to respond despite having a reasonable opportunity.

The motion was granted, and the insurer was permitted to rely on the documents even if produced after the standard deadlines.