How have courts interpreted minutes of settlement in consent agreements?
Ontario, Canada
The following excerpt is from Ford v. Ford, 2010 ONSC 2696 (CanLII):
More recently, in Liberale v. Spadafora, (2008), 168 A.C.W.S. (3d) 177 (S.C.), Mazza J. made the following observations at paras. 23-24 in refusing to set aside a consent order: When parties, who are represented by counsel as in the case before me, enter into minutes of settlement to resolve all issues, it is presumed that those minutes are the result of the parties weighing the strengths of their respective cases against the risks which they face if they should decide to litigate the issues. Those minutes of settlement almost invariably are a reflection of the compromise the parties are willing to make. When parties sign those minutes, it is a representation to the court that the parties have deliberated over the terms and are committed to complying with those terms. It is only when a party was coerced, a victim of fraud, or a victim of mistake known to the opposing party that the minutes of settlement will be set aside.
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