What is the test for an application under Rule 49.09?

Ontario, Canada


The following excerpt is from Seidel v Town of Markham, 2015 ONSC 4344 (CanLII):

In Dick v. Marek, 2009 CanLII 27821 at paragraph 65, Hoy J. (as she then was) noted that a Rule 49.09 application first considers whether or not there is an agreement to settle so that if there are issues of fact or genuine issues of credibility in dispute, the court looks at whether the parties intended to create a legally binding contract or whether there was an agreement on all essential terms of a settlement barring which a court must refuse to grant judgment. There Is No Agreement

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