In what circumstances will a mediator be required to give evidence in a motion for rectification of a settlement agreement?
British Columbia, Canada
The following excerpt is from A.H. v. J.T.H., 2005 BCSC 185 (CanLII):
In Rudd v. Trossacs, supra, Lederman J. made an order requiring a mediator to give evidence about a specific issue related to a motion for rectification of a settlement agreement. The issue was whether one of the defendants was a party to the settlement agreement. All of the defendants were named on the title page of the minutes of settlement but one defendant’s name was omitted from the signature page.
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