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The Ontario Court of Appeal enforced a settlement agreement in a mortgage enforcement dispute and dismissed the appeal, holding the appellants had given up their s. 244 BIA objection.
The court found the parties reached a binding settlement on April 6, 2024, and rejected the claim that inadequate financial disclosure invalidated it.
The court held the parties formed a binding family settlement and refused to set it aside for alleged non-disclosure, duress, or unconscionability.
The court allowed Kim Brink’s appeal, holding the parties had formed an enforceable settlement and that tax treatment was an implementation issue, not a missing essential term.
The court held a November 2022 settlement agreement was valid and awarded Techlong US$60,000, but declined to decide the remaining instalment claim on the present record.
The court found no enforceable settlement agreement, ordered a 55/45 reapportionment of net family property in the claimant’s favour, declined spousal support, and granted divorce.
The court dismissed a Rule 9-6 application to enforce a disputed settlement chart, finding unresolved issues about essential terms, trust claims, and sustaining costs.
The court granted an interlocutory injunction restraining threatened disclosure of confidential information and false ownership claims about SaNOtize, and awarded lump-sum costs.
The Court of Appeal allowed the appeal, set aside summary enforcement of a settlement, and dismissed the application because genuine triable issues existed.
The court dismissed a settlement-enforcement application in a family property dispute, holding the agreement required a mutual release limited to the petition and that the respondent repudiated by withholding payment.
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