R. Tally Vanounou

The appellant insurer appealed a Licence Appeal Tribunal decision finding that a binding settlement of tort and accident benefits claims was reached via email following mediation.

Shortly after the email exchange, the plaintiff was killed.

The insurer argued no settlement was reached because the plaintiff had not finalized the structure percentage or signed the settlement disclosure notice.

The Divisional Court dismissed the appeal, holding that the essential terms were agreed upon, the structure percentage was a default minimum, and the right to rescind under consumer protection legislation implies a settlement was already reached.

The moving party sought leave to appeal from a lower court order.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties fixed at $2,500.

The plaintiff's lawyers brought a motion to remove the defendants' lawyer of record, alleging an actual or perceived conflict of interest in her joint representation of all three defendants.

The plaintiff was never a client of the challenged lawyer.

The court dismissed the motion, finding that the plaintiff failed to establish a possibility of real mischief or that the proper administration of justice required the removal.

The court also found that the motion was brought for a tactical advantage, given the nearly two-year delay in bringing it after the issue was first raised.

The applicant insurer brought a motion for an immediate order of prohibition staying a Licence Appeal Tribunal (LAT) proceeding pending judicial review.

The insurer sought judicial review of the LAT's decision to deny its requests to adjourn a written hearing regarding the respondent's entitlement to statutory accident benefits.

The Divisional Court dismissed the motion, finding that the insurer failed to meet the RJR-MacDonald test for a stay, as there was no serious issue to be tried and no irreparable harm.

The court also held that the motion was premature, as it offended the general rule against judicial interference with ongoing administrative processes.