The claimant sought to set aside his settlement agreement of $400,000 from 2007 because there had been no “meeting of the minds”. S. 9.1 of the SABS requires a claimant to return any money received as consideration for the settlement prior to rescinding a settlement or applying to the LAT. The insurer argued that the issues raised by the claimant regarding the validity of the agreement could not be considered until compliance with s. 9.1 was ensured. The insurer relied on a previous Motion Order from Vice-Chair Terry Hunter, where the parties had agreed that compliance with s. 9.1 was the preliminary issue and that the additional issues raised by the claimant would be heard at a further preliminary issue hearing. Adjudicator Stephanie Kepman agreed with Vice-Chair Hunter’s finding and solely considered whether the applicant had complied with s. 9.1. The claimant alleged that he had never received the settlement funds but failed to produce any evidence to support this claim. Adjudicator Kepman held that the claimant had failed to demonstrate that he had complied with s. 9.1 and stated that the application was barred until he repaid the settlement funds.
