What factors must be considered in determining whether to enforce a settlement under Rule 49.09?
Ontario, Canada
The following excerpt is from Capital Gains Income Streams Corporation v. Merrill Lynch Canada Inc., 2007 CanLII 39604 (ON SCDC):
In Weinberg v. Datacom Marketing Inc., above, Lederman J. is reported at para. 12: In determining whether to enforce a settlement under Rule 49.09, all of the relevant factors disclosed by the evidence must be taken into account.
In Legault v. Johnston, above, the only issue was a consideration of the second step, that is, the exercise of the discretion vis-à-vis enforcement.
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