Canada Case Law

Verville v. Canada (Attorney General)

Court

Supreme Court of British Columbia

Because the IRSSA expressly defines both the survivor and their descendants as Class Members and contains a comprehensive release approved by courts, both plaintiffs are bound by the IRSSA; therefore, on the face of the pleadings it is plain and obvious the claim against Canada is barred by the IRSSA and discloses no reasonable cause of action, and must be struck without leave to amend.

Source excerpt

• Indian residential school settlement agreement (irssa)
• Release and binding effect on class members
• Intergenerational harm
• Striking pleadings (no reasonable cause)
• Notice to class members
• Finality of settlements

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M.G.T. v. L.S.R.

Court

Supreme Court of British Columbia

The court upheld a partial settlement over past child support and s. 7 expenses, and held post-October 2023 equestrian costs were extraordinary but capped the father’s contribution.

• Special or extraordinary expenses
• Child support guidelines s.7
• Settlement by correspondence
• Consultation on expenditures
• Best interests of the child
• Equestrian/sports expenses

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Whynot v. Blue Cross Life Insurance Company of Canada

Court

Supreme Court of Nova Scotia

An objective assessment of the correspondence shows an offer by the plaintiff and a clear acceptance by defendant’s counsel of the plaintiff’s reinstatement option, with consideration (arrears and reinstatement) provided and accepted; essential terms were sufficiently certain and any ordinary release and costs consequences are implied or governed by Tariff F, therefore a binding full settlement was concluded and the action must be dismissed under Rule 10.04(1).

Source excerpt

• Enforceability of settlement agreements
• Implied releases
• Costs assessment (tariff f)
• Punitive damages claim
• Mental distress damages
• Long term disability benefits

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Pierce v. Belows

Court

Court of Appeal for Ontario

The settlement emails between counsel are enforceable because the appellant's former counsel was retained and authorized to engage in settlement negotiations, no limitation on that authority was communicated to the respondent, and declining enforcement would undermine the certainty essential to settlement negotiations; accordingly the Court of Appeal allowed the appeal and substituted an order enforcing the settlement.

Source excerpt

• Enforcement of settlement agreements
• Solicitor authority to settle
• Rule 49 settlements
• Summary judgment
• Waiver of appeal
• Forgiveness of debt

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Holmes v. Rowbotham

Court

Court of Appeal for Ontario

The appeal was dismissed because there was no basis to interfere with the trial judge's endorsement that mediation resulted in full resolution; the appellant was represented and sought only to re-open a final endorsed settlement, which is impermissible absent exceptional circumstances, following Scherer v. Paletta.

Source excerpt

• Settlement endorsement
• Implementation of settlement
• Costs

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Rameau v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed judicial review, holding the Canadian Human Rights Tribunal had no jurisdiction to interpret a settlement approved by the Commission and later made an order of the Court.

• Tribunal jurisdiction
• Settlement interpretation
• Functus officio
• Standard of review
• Procedural fairness
• Enforcement of s.48 settlements

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McNeil v. Rebellion Media Group Inc

Court

Federal Court

The Federal Court struck a notice of discontinuance, dismissed the action without costs by consent, and ordered mistakenly filed settlement materials expunged.

• Notice of discontinuance
• Setting aside procedural filing
• Expungement of settlement documents
• Sealing court records
• Minutes of settlement
• Notice-of-discontinuance

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Srebot v. Srebot Farms Ltd.

Court

Court of Appeal for Ontario

The Court of Appeal held that the trial judge correctly applied Rule 49.09 and that her factual findings and exercise of discretion to decline enforcement of the mediated settlement were supported by the evidence and not tainted by palpable and overriding error; accordingly the appeal is dismissed and the refusal to enforce the settlement is affirmed.

Source excerpt

• Rule 49.09
• Enforcement of settlement
• Discretionary relief
• Appellate review standard
• Mediation

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Hodaie v. RBC Dominion Securities

Court

Court of Appeal for Ontario

The oral settlement was enforceable because the parties agreed on the essential terms, and the law implies a promise to furnish a release absent an express contrary term; the appellant's unrepresented and unsophisticated status did not negate the agreement.

Source excerpt

• Enforceability of oral settlement agreements
• Implied release
• Summary judgment
• Intention to create legal relations

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Quelch v. Quelch

Court

Supreme Court of British Columbia

The court found the parties had reached a binding settlement, but declined to incorporate the spousal support terms into the divorce order and set that issue for hearing.

• Enforceability of settlement agreements
• Miglin analysis
• Consent orders
• Pension division
• Vocational assessment
• Spousal support advisory guidelines

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