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ARTICLE · 29 MAY 2014

Buyer’s Remorse Does Not Allow Plaintiff To Avoid Mediated Settlement

Miller Thomson
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The plaintiff commenced an action against Sun Life seeking payment of LTD benefits. The action was settled at mediation.

CanadaInsurance
Amelia Leckey
Amelia Leckey
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Morant v. Sun Life Assurance Company of Canada 2014 ONSC 2876

The plaintiff commenced an action against Sun Life seeking payment of LTD benefits.   The action was settled at mediation.   All parties were represented by counsel at the time the settlement was reached.   Minutes of Settlement and a Full and Final Release were executed at the mediation.  Settlement funds were sent to counsel for the plaintiff shortly thereafter, and deposited in the lawyer's trust account. 

A few weeks later counsel for the plaintiff advised he had instructions from the plaintiff indicating she wished to resile from the settlement, and that counsel would be bringing a motion to have the settlement set aside.   No such motion was brought.  Instead Sun Life brought a motion seeking to enforce the settlement. 

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