What is the test for granting judgment in a personal injury case?
Ontario, Canada
The following excerpt is from Kalair v. Kabir, 2021 ONSC 4075 (CanLII):
Pursuant to rule 49.09 and the jurisprudence, the test for granting judgment requires the judge to consider: a) whether an agreement to settle was truly reached, and b) whether the agreement should be enforced. In determining whether an agreement has been reached, the court must find that the parties intended to create a legally binding contract and that there was an agreement on all essential terms of the settlement agreement: Olivieri v. Sherman, 2009 ONCA 772, [2009] O.J. No. 6235, at para. 41.
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