The Plaintiffs contend that because the Gougeon Defendants have not identified who made the offer, what the offer was, and what was accepted, they cannot satisfy the requirement that a valid contract of settlement was entered into. I disagree. The issue is whether an objective reading of the documents exchanged by the parties leads to the conclusion that the parties had a mutual intention to create a legally binding contract and whether agreement was reached on all essential terms of the settlement. Given that a solicitor of record has the ostensible authority to bind his or her clients and opposing counsel are entitled to rely upon that authority unless they have some indication to the contrary (see Dick v. McKinnon, 2014 ONCA 784) there can be no doubt the documents reflect a mutual intention to create a binding settlement and that agreement was reached on all the essential terms of the settlement.
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