CANADACourt order
Ontario Court of Appeal says licensed paralegals can negotiate accident benefits settlements for parties under disability
In Borok v. Primmum Insurance Company, 2026 ONCA 748, the Court of Appeal for Ontario held that a licensed paralegal may negotiate a Statutory Accident Benefits Schedule settlement for a party under disability. It set aside Justice R. Lee Akazaki's refusal to approve a $70,000 settlement and approved it. The court ruled the Superior Court had jurisdiction and that court rules do not require a lawyer to negotiate.
Key points
- The application judge had ruled on his own initiative that SABS claims fell within an Ontario tribunal's exclusive jurisdiction.Law Times
- The appeal court called that decision fundamentally flawed and approved the settlement under the Courts of Justice Act.Law Times
- Paralegals still cannot negotiate SABS settlements for catastrophically impaired clients, the court noted.Law Times
- Rule 7 requires a solicitor's affidavit giving an opinion on whether the settlement serves the party's best interests.Law Times