Lozon v. Lozon

Lozon v. Lozon

The motion judge erred by relying on subjective evidence of the respondents’ intentions; an objective interpretation of the 2022 Minutes, read with the incorporated 2017 Mediation List and surrounding circumstances, establishes a binding agreement. The reference to tractor '1496' is a typographical error and must be...

Source-derived case information.

Citation
2023 ONCA 645
Parties
Appellant/plaintiff: Scott Lozon; Respondent/defendant: Gerald Joseph Lozon; Respondent/defendant: Patrick Phillip Lozon; Respondent/defendant: Bryan T. Lozon; Respondent/defendant: Arlene Lozon; Respondent/defendant: Gerald Lozon; Respondent/defendant: Arline Lozon, aka Arlene Lozon; Plaintiff by Counterclaim (respondent): 1061154 Ontario Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
3 October 2023
Procedural Posture
Civil Appeal / Appeal From Orders of the Superior Court of Justice (motions Below)
Outcome
Appeal allowed; Orders of the motion judge set aside; motions granted; judgment ordered in accordance with the 2022 Minutes of Settlement; delivery of specified snowmobiles ordered; costs awarded to appellant
Legal Topics
Enforceability of Settlement, Contract Interpretation, Incorporation by Reference, Typographical Error in Agreement, Specific Performance/delivery of Property, Costs
Source Language
english
Contract Law Property Law Tort (personal Injury) Civil Procedure Alternative Dispute Resolution (mediation) Enforceability of Settlement Contract Interpretation Incorporation by Reference +3 more

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Parties

Scott Lozon

Appellant/plaintiff

Gerald Joseph Lozon

Respondent/defendant

Patrick Phillip Lozon

Respondent/defendant

Bryan T. Lozon

Respondent/defendant

Arlene Lozon

Respondent/defendant

Gerald Lozon

Respondent/defendant

Arline Lozon, aka Arlene Lozon

Respondent/defendant

1061154 Ontario Inc.

Plaintiff by Counterclaim (respondent)

Procedural Posture

Civil Appeal / Appeal From Orders of the Superior Court of Justice (motions Below)

Legal Issues

  1. 1 Whether the 2022 Minutes of Settlement constituted a binding and enforceable agreement
  2. 2 Whether a typographical error (1466 v. 1496) prevents enforcement of the tractor provision
  3. 3 Whether snowmobiles listed in the 2017 Mediation List, including those owned by a family member not party to the 2017 mediation, were incorporated into and enforceable under the 2022 Minutes

Ratio Decidendi

The motion judge erred by relying on subjective evidence of the respondents’ intentions; an objective interpretation of the 2022 Minutes, read with the incorporated 2017 Mediation List and surrounding circumstances, establishes a binding agreement. The reference to tractor '1496' is a typographical error and must be read as model '1466', and the snowmobiles listed in the incorporated 2017 list (excluding 'El Tigre') are included; accordingly the Minutes are enforceable and the appellant is entitled to judgment and delivery of the specified snowmobiles.

Court Disposition

Appeal allowed; Orders of the motion judge set aside; motions granted; judgment ordered in accordance with the 2022 Minutes of Settlement; delivery of specified snowmobiles ordered; costs awarded to appellant

Orders

  • Grant the appeals and set aside the orders dated October 28, 2022
  • Grant the motions and order judgment in accordance with the 2022 Minutes of Settlement