Does a solicitor have authority to bind a client to the terms of settlement?
British Columbia, Canada
The following excerpt is from Johnson v. Johnson, 2015 BCSC 1783 (CanLII):
In Sekhon v. Khangura, 2009 BCSC 670, Madam Justice Ker considered whether lawyers for the parties had entered into a binding settlement agreement. Citing a number of authorities, at para. 110 she stated: It is settled law that a solicitor acting for a party in settlement negotiations is acting as the agent of the client. The solicitor is presumed to have the authority to bind the client to the terms of settlement. There is no obligation on other parties to make enquiries regarding a solicitor’s authority to settle a matter on a client’s behalf. It is in the interest of the administration of justice that solicitors be free to complete settlements with solicitors without having to enquire about or be concerned with the actual authority of the solicitor.
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