In what circumstances will a motion judge order that there is no settlement agreement?

Ontario, Canada


The following excerpt is from Capital Gains Income Streams Corporation v. Merrill Lynch Canada Inc., 2007 ONCA 497 (CanLII):

Chertow v. Chertow, supra, was a case where the motion judge found, on uncontested facts, that an offer to settle that had been served by one party had been effectively withdrawn under the Rules of Civil Procedure by that party before it was accepted by the other party. Unlike the motion judge in the present case, the motion judge in Chertow v. Chertow, supra, decided that there was no settlement agreement. In my view, that determination made his order final for the reasons set out above in the passage quoted from Chertow v. Chertow, supra.

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