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judge found, on uncontested facts, that an offer to settle that had been served by one party had been effectively withdrawn under the Rules of Civil Procedure by that party before it was accepted by the other party.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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
In what circumstances will a motion judge strike down a negotiated settlement agreement? (Ontario, Canada)
When a motion judge approved the sale agreement and technology license agreement and approval of the sale and sale agreement, what analysis applied? (Ontario, Canada)
In what circumstances will a motion judge order summary judgment against a party in a personal injury matter? (Ontario, Canada)
In what circumstances will a judge order an order of relief and urgency? (Ontario, Canada)
What is the test for a change in circumstances under which a judge can order a separation order? (Ontario, Canada)
In what circumstances will a judge order a final custody order in favour of the father in the absence of one-sided evidence? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
In what circumstances will a judge enforce a custody order where the child's residence is not the subject of the custody agreement? (Ontario, Canada)
In what circumstances will the court order a motion to set aside an agreement that was previously enforceable? (Ontario, Canada)
