What is the test for establishing a settlement in a personal injury case?
Ontario, Canada
The following excerpt is from Lougheed v. Ponomareva, 2013 ONSC 4347 (CanLII):
This case bears similarities to Bell v. Smith, 1968 CanLII 17 (SCC), [1968] S.C.R. 664. In that case, there was a purported settlement, which was disputed. Counsel for the defendant called as a witness the solicitor for the plaintiff who had acted in the matter and had the solicitor disclose his entire file, including memoranda and other material, as well as communications with his client regarding the matters in issue.
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