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
"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
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
What is the limitation period for an application for equalization brought more than six years after the date of an application was made? (Ontario, Canada)
Is it an abuse of process to allow an Application to proceed where the applicant has signed a full and final release? (Ontario, Canada)
Does an applicant have to respond to directions from the Human Rights Tribunal or have the application dismissed? (Ontario, Canada)
What is the Applicant’s second argument in his application for leave of execution under s. 6 of the Charter of Human Rights Act? (Ontario, Canada)
What is the case law in favour of adducing additional evidence at the application stage of the application? (Ontario, Canada)
What are the legal principles applicable to an originating application? (Ontario, Canada)
What is the limitation period for an application to appeal against a denial of a licence application? (Ontario, Canada)
