Is a settlement agreement enforceable?

The court’s discretion not to enforce a settlement is a limited one given the importance of certainty in the resolution of family disputes: see Van Delst v. Hronowsky, 2020 ONCA 329, 318 A.C.W.S. (3d) 504, at para. 1. There is no basis to exercise it in this case. In the absence of a factual record there is no basis for this court to find that the agreement is not in E’s best interests, or that it would be in her best interests to set aside the agreement and to litigate the issues because there was a risk to her continued eligibility to receive ODSP benefits. The appellant offered no reason to suppose that any better result would be achieved to provide for E’s support if the Settlement Agreement were set aside and the matter proceeded to trial.