What factors will be considered by the Court of Appeal in exercise of discretion to enforce a personal injury settlement?

The Court of Appeal in Milios v. Zagas, at para. 21, set out the following factors to be considered in the exercise of discretion: (a) Whether an order had been taken out or the parties’ pre-settlement positions remained intact; (b) Whether the defendant would be prejudiced if the settlement was not enforced, apart from losing the benefit of the settlement; (c) The degree to which the plaintiff would be prejudiced if judgment was granted in relation to the prejudice the defendant would suffer; and (d) Whether third parties are affected if the settlement is not enforced.