Can a motion judge make a finding that no settlement agreement exists?
Ontario, Canada
The following excerpt is from Capital Gains Income Streams Corporation v. Merrill Lynch Canada Inc., 2007 ONCA 497 (CanLII):
The motion judge in Fusarelli v. Dube, supra, made a finding that no agreement existed. Based on that finding, this court concluded that the question of whether the action had been settled could not be raised again in the litigation. There is no such finding by the motion judge here. To the contrary, he found, if that is the appropriate word, that he could not make a finding as to the existence of the alleged settlement agreement.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a motion judge approved the sale agreement and technology license agreement and approval of the sale and sale agreement, what analysis applied? (Ontario, Canada)
In what circumstances will a motion judge strike down a negotiated settlement agreement? (Ontario, Canada)
In what circumstances will a motion judge order that there is no settlement agreement? (Ontario, Canada)
What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
Can a motion to enforce a settlement agreement be successful? (Ontario, Canada)
Can a motion judge interfere with the analysis and conclusion of a judge's assessment of the nature of the expression? (Ontario, Canada)
What is the result of a motion to redact reference to settlement conference materials from the applicant's motion? (Ontario, Canada)
Does the minutes of settlement constitute the underlying agreement or the agreement giving rise to the consent judgment? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
