What are the circumstances in which a court in Larizza would decline to uphold or enforce a consent order?

Ontario, Canada


The following excerpt is from Szpakowsky v Tenenbaum, 2017 ONSC 18 (CanLII):

10. The court in Larizza also considers the circumstances in which a court could decline to uphold or enforce a consent order. Price J. states further, at paragraph 30: “30 A settlement will generally be enforced unless it will result in a real risk of injustice, but one should not be enforced where injustice is likely to ensue. In Brzozowski v. O’Leary, (2004), Misener J., after reviewing the jurisprudence, stated: Those judgments emphasize the judicial obligation to consider all of the circumstances of the case at hand, and to then decide whether it is fair to enforce the settlement. Although I risk unduly limiting my discretion by saying so, I think the right approach is to consider that a settlement effected pursuant to Rule 49 ought to be enforced, and so judgment ought to be granted, unless the offeror satisfies the judge that, in all the circumstances, enforcement would create a real risk of a clear injustice. It seems to me that that approach is required because it is good public policy to encourage settlement, and it would be quite inconsistent with that policy to decline enforcement unless a good reason for doing so is shown.

Other Questions


Is a consent order for costs enforceable if the consent order is still unresolved? (Ontario, Canada)
Is a consent order enforceable if the consent order is amended or amended? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
In what circumstances will the court order a motion to set aside an agreement that was previously enforceable? (Ontario, Canada)
In what circumstances will a court order a preservation order for a business owner who has not provided sufficient financial information to support his wife? (Ontario, Canada)
In what circumstances will the Court of Appeal in the Superior Court of Justice order that a father be denied custody of his infant son? (Ontario, Canada)
What is the test for enforcement of a request to obtain an order from a court in Canada from a foreign court? (Ontario, Canada)
In what circumstances have courts found that a parent unilaterally removed her children from Canada without the consent of the parties’ consent? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
What is the test for a court to determine if a parent who has been ordered to pay child protection funds for the past 10 years will not comply with the terms of the court order? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.