What is the test for improvident settlement?
Ontario, Canada
The following excerpt is from Hanna v. Polanski et al, 2012 ONSC 3229 (CanLII):
To make a determination if a settlement was improvident a court is to look at the information available at the time of the settlement, not at later events or with hindsight. Griti v. Kingston (City), [2010] O.J. No. 4022
"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
Does a finding that a settlement was an improvident settlement under section 267.8 of the Rules of Civil Procedure apply to a plaintiff who signed a release with her accident benefits provider? (Ontario, Canada)
Does the issue of unexecuted Minutes of Settlement invalidate a settlement? (Ontario, Canada)
What is the effect of minutes of settlement or a settlement agreement containing an express prohibition against a child changing their name? (Ontario, Canada)
Does a plantiff's failure to communicate his acceptance of the Minutes of Settlement and Release in question breach the terms of a settlement agreement? (Ontario, Canada)
Does a settlement with an oil company that has previously been denied certification to the Court of Appeal preclude certification being granted in the context of a settlement? (Ontario, Canada)
Is there any case law where an applicant has abandoned a claim at a settlement conference to bring the case closer to settlement? (Ontario, Canada)
Is it appropriate to go behind the terms of a settlement? (Ontario, Canada)
In what circumstances will a court grant summary judgment against a plaintiff for an improvident sale? (Ontario, Canada)
When will the court entertain a motion to change a temporary support order after a settlement conference? (Ontario, Canada)
What is the default position of a court on a settlement of a personal injury claim? (Ontario, Canada)
