What is the test for refusing to enforce a settlement agreement?
British Columbia, Canada
The following excerpt is from Nobert v Origin At Longwood Retirement Community Inc., 2021 BCSC 1485 (CanLII):
This Court has the discretion to refuse to enforce a settlement agreement only in the following circumstances: there was a limitation on the instructions of counsel for the settling party known to the offering party; there was a misapprehension by counsel for the settling party of their instructions or there are facts which would make it unjust to enforce a settlement agreement; there is evidence of fraud or collusion; or, where there is an issue to be tried as to whether there is such a limitation, misapprehension, fraud or collusion in relation to the settlement agreement: Hawitt v. Campbell, [1983] CanLII 307 (B.C.C.A.) at para. 19.
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