CIVIL PROCEDURE - Settlements - Releases - Enforceability

Law360 Canada ( May 22, 2025, 12:08 PM EDT) -- Appeal by appellant from order of chambers judge to enforce summarily a settlement agreement with respondents and from finding settlement was valid. The appellant accepted a settlement offer from the respondents’ insurer to resolve a personal injury claim arising from a motor vehicle accident. At the time of accepting the offer, the appellant deposed that he was under significant stress, did not have legal representation, and did not understand the terms and implications of the offer. The medical evidence suggested that the appellant might have had issues with capacity and ability to make an informed decision due to his mental health condition. The respondents brought an application for the agreement to be enforced summarily. The chambers judge granted the application, finding the agreement binding and enforceable. The issues were whether the chambers judge erred in granting the respondents’ application to enforce the settlement agreement summarily, without a trial and whether the chambers judge failed to consider if there was a genuine issue for trial regarding the formation and enforceability of the settlement agreement....
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