I will now address the conduct of the Insurer. I find the conduct of MVACF, through their counsel Ms. Chapman, was misleading toward the Applicant. A settlement agreement was made on November 24, 2015, and acknowledgement was made by Ms. Chapman that funds had been requested from MVACF. A timeframe was noted by Mr. Virtue’s office in which Siskinds LLP on behalf of Mr. Deleary could expect to receive these funds. Prior to Ms. Chapman’s written submissions of July 4, 2016, it was never mentioned that the settlement amount could not be separated from the costs issue and that MVACF could not issue a partial payment. The settlement amount agreed to by both parties on November 24, 2015, and further acknowledged by e-mail correspondence, has been significantly delayed in its delivery. The Applicant and Insurer agreed to cancel the Hearing scheduled to commence on December 1, 2015. When a settlement is reached between parties, the assumption is that the terms of the settlement will be executed in a reasonable amount of time. Several months have passed since November 24, 2015, and Siskinds LLP on behalf of Mr. Deleary has not received any settlement amount from MVACF. I find this has been an unnecessary and unfair delay for Mr. Deleary.
