Does a finding that a settlement was an improvident settlement under section 267.8 of the Rules of Civil Procedure apply to a plaintiff who signed a release with her accident benefits provider?

Ontario, Canada


The following excerpt is from L.P. v. 778561 Ontario Inc., 2005 CanLII 21543 (ON SC):

There is a suggestion in Morrison v. Gravina, supra that, in circumstances where a plaintiff has signed a release with her accident benefits provider, a finding that the settlement was an improvident settlement might lead to the same results under s. 267.8 as if the plaintiff had exercised bad faith in finalizing the settlement or providing the release. I am not convinced that this is correct.

Other Questions


Does section 77(1) of the Rules of Civil Procedure apply to a plaintiff's accident report? (Alberta, Canada)
When there is no risk of danger under section 3 of the Rules of Civil Procedure (3) of the Criminal Code, does a plaintiff have to prove that he was aware of the risk to himself? (British Columbia, Canada)
What is the test for a finding of significant unfairness under Section 8 of the BCSC's Rules of Civil Procedure? (British Columbia, Canada)
How does Section 83(5) of the BCSC's Rules of Civil Procedure apply to a claim for Part 7 disability benefits? (British Columbia, Canada)
What is the evidentiary basis to support an award under the section 4(5) of the Rules of Civil Procedure for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
Does a voter's intention under section 77(5) of the Rules of Civil Procedure apply to a mark? (Ontario, Canada)
Does a pre-trial settlement offer not made under the Rules of Civil Procedure apply? (British Columbia, Canada)
Can a judge acting under section 37 of the Rules of Civil Procedure make an order under the same section of the Order? (Ontario, Canada)
What is the legal test for damages under damages under section 5(1) of the Rules of Civil Procedure? (British Columbia, Canada)
Can a plaintiff claim lump sum costs under Rule 66(29) of the Rules of Civil Procedure under Rule 37? (British Columbia, Canada)