McAfee v. McAfee

McAfee v. McAfee

The Court dismissed the appeal, upholding the motion judge's discretion to refuse enforcement of the appellant's purported partial acceptance because the severability clause was an obvious error in the context of the offer and enforcing only beneficial clauses would be blatantly unfair.

Citation
2017 ONCA 785
Parties
Applicant (respondent): Kerie Lynn McAfee; Respondent (appellant): Robert McAfee
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 October 2017
Procedural Posture
Family / Appeal From Order of Superior Court of Justice (motion Judge)
Outcome
Appeal dismissed
Legal Topics
Offer to Settle, Severability Clause, Rectification of Mistake, Enforcement of Settlement Terms, Judicial Discretion
Source Language
English
Family Law Settlement Law Child Support Spousal Support Costs Offer to Settle Severability Clause Rectification of Mistake +2 more

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Parties

Kerie Lynn McAfee

Applicant (respondent)

Robert McAfee

Respondent (appellant)

Procedural Posture

Family / Appeal From Order of Superior Court of Justice (motion Judge)

Legal Issues

  1. 1 Whether a party may enforce a partial acceptance of an offer to settle relying on a severability clause
  2. 2 Whether the court may correct an inadvertent error in an offer to settle
  3. 3 Whether the motion judge erred in refusing to enforce the purported acceptance

Ratio Decidendi

The Court dismissed the appeal, upholding the motion judge's discretion to refuse enforcement of the appellant's purported partial acceptance because the severability clause was an obvious error in the context of the offer and enforcing only beneficial clauses would be blatantly unfair.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to the respondent fixed at $6000 inclusive of taxes and disbursements