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The court considered whether an alleged human rights settlement could be enforced under s. 30 of the Human Rights Code, but found the evidence insufficient for summary enforcement.
The court found a binding settlement existed, but refused to enforce it because plaintiff’s counsel accepted under a prompt, material misapprehension about the release.
The court held that no binding settlement was completed where the proposed release added an unagreed Part 7 discharge. The plaintiff’s defence to settlement was struck.
The settlement is binding on the plaintiff because the solicitor had authority to settle the claim and any limitation in the contingency retainer was not communicated to the insurer; public policy and agency law require that parties relying on a solicitor's apparent or usual authority be protected, and the plaintiff's remedy is against her solicitor rather than the insurer; failure to execute a release did not defeat the binding agreement and s.131 of the Insurance Act does not negate agency principles.
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