What is the test for a motion seeking approval of a settlement?
Ontario, Canada
The following excerpt is from Grier v. Grier, 2020 ONSC 4799 (CanLII):
Relying on the decision of Thorburn J. (as she was then) in Rivera v. LeBlond, [2007] O.J. No. 889, 44 C.P.C. (6th) 180, Corthorn J. states that a motion seeking approval of a settlement requires full disclosure of evidence regarding the material issues. The substantive evidence must be sufficient to demonstrate the following: (a) an appropriate investigation with respect to both liability and damages has been completed; (b) an appropriate assessment of liability issues has been made; (c) an appropriate assessment of damages issues has been made; and (d) the fees and disbursements which the plaintiff’s lawyers propose to charge are reasonable in all the circumstances. He states that this does not require the waiver of information that is subject to either solicitor-client or litigation privilege: Boone at paras. 50-51.
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