What is the test for obtaining court approval of a settlement reached by or on behalf of a party under a disability?
Ontario, Canada
The following excerpt is from Ahmad v. Allstate Insurance, 2018 ONSC 3110 (CanLII):
In my January 2018 decision in Leonard v. Saint-Vincent Hospital, I addressed in detail the circumstances in which it is possible to obtain, by way of an application, court approval of a settlement reached by or on behalf of a party under a disability (2018 ONSC 370 (CanLII)). For the reasons set out in Leonard, the applicant in this matter needs to consider whether (a) she will continue to pursue court approval by way of the application, (b) if so, whether the applicant intends to proceed by way of oral hearing or in writing, and (c) if the latter, the additional relief required to proceed with the application in writing.
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