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The Court of Appeal dismissed an appeal from a summary-trial damages award for property damage, holding the judge could fairly assess quantum on the evidence.
The court refused to summarily enforce a settlement on an incomplete evidentiary record, allowed the plaintiffs to amend their pleading dates, and changed venue to Kelowna.
The court held that a written offer and unconditional acceptance created an enforceable settlement of a Wills Variation Act claim, and declined a res judicata bar.
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