Does a solicitor acting for a party in a settlement negotiation have authority to bind their client to a settlement?
British Columbia, Canada
The following excerpt is from Wright v Schlesiger, 2018 BCSC 2161 (CanLII):
A solicitor acting for a party in a settlement negotiation is acting as that party’s agent. Counsel is presumed to have the authority to bind his or her client to a settlement. There is no obligation on another party to make inquiries as to whether a lawyer agreeing to a settlement has actual authority to do so. See the decision of our Court of Appeal in Propp v. Fleming, [1968] B.C.J. No. 163, at paras. 36 and 37.
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