Does a solicitor have authority to accept a settlement?

Ontario, Canada


The following excerpt is from Sarson v. Cook, 2009 CanLII 1150 (ON SC):

Mr. Justice Rosenberg went on to cite the case of Pearson v. Plester (1989), 41 C.P.C. (2d) 53 (Man.C.A.). He stated: In the case of Pearson v. Plester the plaintiff resisted a settlement on the grounds that his solicitor was not authorized to accept. The concept that a solicitor with apparent authority can accept a settlement is clearly the law. However in dealing with this case, Twaddle J.A. for the court of Appeal stated at p. 55: … If the Judge is satisfied that a settlement was reached, the Judge cannot refuse to enter judgment on the ground that an order enforcing the settlement would cause injustice to a party.

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