Key Facts:

• The case involves a dispute over a settlement agreement between Wendy Lee Whynot (Plaintiff) and Blue Cross Life Insurance (Defendant) regarding long-term disability benefits.
• Blue Cross sought to enforce a settlement it claimed was reached via email, while Whynot argued the agreement was only partial, lacking terms on punitive damages, mental distress, and solicitor-client costs.

Legal Issue:

• Was there an enforceable settlement of the entire action or only a partial settlement?

Court Findings:

• The court found a full settlement agreement existed, as evidenced by the Plaintiff’s acceptance of benefit reinstatement.
• Whynot's additional claims for punitive damages and costs were not part of the initial negotiations and, therefore, not included in the settlement.
• A release is implied in settlement agreements unless otherwise specified, so the absence of a signed release did not void the agreement.

Decision:

• The court granted Blue Cross's motion, declaring the matter settled. Unresolved costs are to be assessed under the Civil Procedure Rules.

Outcome:

• Successful Party: Blue Cross Life Insurance Company of Canada.
• Monetary Award: The settlement involved reinstatement of benefits and arrears of $30,551.88. Additional costs, if unresolved, will be assessed separately per court rules.

The court dismissed Whynot’s claim of a partial settlement, upholding the agreement’s validity.