The appellant insurer appealed an order that dismissed its motion for summary judgment and set aside a settlement agreement with the respondent.
The insurer conceded there were deficiencies in the notice provided under the settlement regulation but argued they were immaterial.
The Court of Appeal held that the materiality of the deficiencies could not be determined on the motion record.
However, the court found the motion judge erred by setting aside the settlement instead of merely dismissing the summary judgment motion.
The appeal was allowed in part to substitute an order dismissing the motion for summary judgment.
