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.
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