The Ontario Trial Lawyers Association (OTLA) brought a motion to intervene in an appeal concerning the enforceability of a settlement agreement where the plaintiff died before executing the release and structured settlement documents.
The respondent Estate supported the intervention, while the appellant insurer opposed it.
The Divisional Court granted the motion, finding that the appeal raised broader public law issues and policy concerns regarding personal injury settlements and the Insurance Act, and that OTLA would provide a distinct and useful perspective without causing significant prejudice to the parties.
