Borok v. Primmum Insurance Company

Summary

ONCA held that the LAT’s exclusive authority over disputed SABS entitlement and quantum does not extend to approving settlements for parties under disability. Superior Court approval under Rule 7.08 remains mandatory. A licensed paralegal may negotiate a non-catastrophic-impairment SABS settlement, although a lawyer must review the circumstances and give a reasoned best-interests opinion. The appeal was allowed and the settlement approved.

Outcome

Appeal allowed. The application judgment was set aside, and the Court of Appeal approved the $70,000 settlement under Courts of Justice Act s. 134(1)(a). The court held that Rule 7.08 approval remained mandatory and available, the paralegal could negotiate the non-catastrophic-impairment SABS settlement, and the unannounced jurisdiction ruling was procedurally unfair.

Why this case matters

The LAT’s authority over disputed SABS entitlement or quantum does not displace mandatory court approval for a party under disability, and a court must hear submissions before deciding an unraised jurisdictional ground.

Paragraph references

Paras. 11-16: Rule 7.08 approval and the limited reach of Insurance Act s. 280; paras. 17-20: mandatory approval and its protective parens patriae purpose; paras. 21-23: paralegal negotiation is permitted in this context, while the lawyer’s affidavit must provide a reasoned best-interests opinion; paras. 24-26: deciding an unraised jurisdiction issue was manifestly unfair; para. 27: disposition and settlement approval.