The defendants brought a motion to enforce a settlement agreement relating to accident benefits arising from a motor vehicle accident.
The plaintiff argued the settlement occurred during the mediation process and therefore triggered the two‑day cooling‑off period under Regulation 664, s. 9.1(1)(5) of the Insurance Act, permitting rescission.
The court found that the settlement was reached in the context of litigation between represented parties and not as part of the statutory mediation process.
Relying on appellate authority emphasizing that the settlement disclosure notice regime protects self‑represented parties rather than litigants represented by counsel, the court held the cooling‑off period did not apply.
The settlement agreement was therefore binding and enforceable.
