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.
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