The defendant insurer brought a motion for leave to appeal an order requiring it to pay six months of statutory accident benefits as a lump sum and ongoing weekly payments as a term of adjourning the plaintiff's motion for injunctive relief.
The Divisional Court found no good reason to doubt the correctness of the motions judge's order, noting that such payments can be ordered to respond to the impact of an adjournment or as part of the insurer's duty of utmost good faith.
The court held that the scale of the payment was not a matter of general importance and refused leave to appeal.
