21 Jun 2023
Spicer v Wawanesa Mutual Insurance Company
In the case of Spicer v Wawanesa Mutual Insurance Company dated June 21, 2023, the applicant, Timothy Spicer, through his Litigation Guardian Scott Spicer, applied for Court approval of a proposed full and final settlement of his statutory accident benefits claim proposed by the respondent, Wawanesa Mutual Insurance Company. The settlement was related to a motorcycle accident where Timothy had been struck by a school bus, resulting in severe injuries, including a traumatic brain injury, fractures, and other injuries.
The proposed settlement, totaling $450,000, had been broken down as follows:
- $25,000 for medical benefits
- $25,000 for rehabilitation benefits
- $40,000 for income replacement benefits
- $360,000 for attendant care benefits
The court had granted the application for approval, as it had been satisfied that the proposed settlement had been reasonable and in Timothy Spicer's best interests. The court had considered the evidence provided, including affidavits from the litigation guardian and solicitor, and had determined that the proposed settlement had met the necessary criteria for court approval.