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The Court of Appeal dismissed the appellant’s applications for fee and filing relief, found the appeal bound to fail and abusive, and ordered $7,500 security for costs.
The court ordered disclosure of settlement particulars and an unredacted settlement agreement where the defendant sought indemnity for amounts paid under a confidential settlement.
The court refused to strike or dismiss a strata governance petition based on a release, declined to add proposed respondents, and sent the matter to trial.
The Court of Appeal dismissed the appeal, holding that although Canada had no general veto over the NAC’s RFD, the judge could refuse to hear an issue already decided.
Supplementary reasons on interest, settlement deductions and costs in two ICBC fraud-related actions tried together.
The June 10, 2010 settlement letter from the estate solicitor, accepted by the applicant through adjournment without day, constituted a binding settlement supported by consideration (forbearance); additionally, the executor's demonstrated animosity and bias impaired his impartial exercise of testamentary discretion, justifying court intervention to enforce the settlement and direct delivery of the specified items subject to the letter's terms and limited reservations embedded in the letter.
Source excerpt
The court interpreted a settlement in a Wills Variation Act case, held the plaintiffs were bound by it, fixed the financing period from the last repair estimate, and awarded costs to the defendant.
The court held that an accepted offer to settle in a fraud action could be examined with the pleadings, and the resulting judgment survived bankruptcy discharge.
The Court of Appeal addressed whether a settlement agreement in multi-party litigation is producible on discovery, and whether only limited settlement terms should be disclosed.
The court granted leave to appeal only on settlement and s. 46(4) interest issues, but denied leave on other grounds and refused a stay of execution.
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