In what circumstances will the court strike down a settlement agreement?
Manitoba, Canada
The following excerpt is from Pearson v. Plester, 1989 CanLII 5189 (MB CA):
Philipp v. Southam was a case in which the issue was whether the action should be dismissed for want of prosecution. It appears that the defendant sought, in the alternative, an order dismissing the action in lieu of discontinuance which, allegedly, had been agreed to. On this part of the application, Hewak J. (as he then was) held that the court had jurisdiction to disregard the settlement agreement where it had been reached on the plaintiff's behalf by solicitors acting beyond their authority.
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