The claimant appealed the Tribunal’s decision that her 2002 settlement in relation to a 1995 accident was valid, and that she was not entitled to rescind the settlement. The Settlement Disclosure Notice used in the settlement did not contain some information about the maximum benefits available to her (as required by the SDN at the time). The Court rejected the appeal, holding that the Tribunal’s decision was correct. The Court agreed with the claimant that the Tribunal applied the incorrect burden, and that it was the insurer’s burden to prove that its disclosure complied with its obligations, rather than an insured’s obligation to prove the reverse. That said, the burden did not change the outcome in this case. The errors in the SDN were technical, and there was some compliance with the requirements of the Settlement Regulations. The errors did not deprive the claimant of any important information to which she was entitled.
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