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Arbitrator lacks equitable jurisdiction to set aside a valid settlement agreement for statutory accident benefits.
The applicant was injured in a motor vehicle accident and received statutory accident benefits before signing a full and final release in exchange for a lump sum settlement.
He later sought further benefits, arguing the settlement should be set aside due to misrepresentation, unconscionability, and undue influence.
The arbitrator held that while arbitrators can determine if a settlement agreement exists as a defence to a claim for benefits, they lack the equitable jurisdiction to set aside an otherwise valid agreement.
The applicant is precluded from proceeding with the arbitration until a court of competent jurisdiction sets aside the settlement agreement.
