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Buyer’s remorse does not allow plaintiff to avoid mediated settlement

Canada - May 28 2014 The plaintiff commenced an action against Sun Life seeking payment of LTD benefits. The action was settled at mediation. All parties were represented…

Court has inherent jurisdiction to order “non-medical” assessment but defendants must show assessment is necessary for trial fairness Ziebenhous v. Bahlieda 2014 ONSC 138

Canada - April 7 2014 In a decision released on April 2, 2014, the Divisional Court affirmed the Court has inherent authority to order a plaintiff to attend a…

Insurer owes duty of good faith, but not fiduciary duty

Canada - March 11 2014 Ms. Garneau was approved for LTD benefits. She then took a medical retirement. Her LTD insurer was not aware that Ms. Garneau began to receive a…

Confirmation that leave required for refusals motion following delivery of trial record

Canada - July 15 2013 On July 15, 2013 Justice Firestone ruled that, where a party has delivered a trial record, they must obtain leave to bring a motion seeking answers…

Plaintiff held to agreement reached at mediation - Boulanger v. The Great-West Life Assurance Company

Canada - May 27 2010 The plaintiff brought an action seeking LTD benefits, along with extra-contractual damages.