What is the test for enforcing a settlement under Rule 49.02(1) or Form 49A?
Ontario, Canada
The following excerpt is from Chittle v. Estate of Chittle, 2018 ONSC 4139 (CanLII):
As such, pursuant to the holding in Hagel v. Giles, even if a settlement does not satisfy the formal requirements contemplated by subrule 49.02(1) or Form 49A, nevertheless, in appropriate circumstances, it may be enforced by way of either a motion under rule 49.09 or a motion for summary judgment under Rule 20.
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