How have the courts in B.C dealt with an application for a stay of execution of a settlement in a personal injury action?
British Columbia, Canada
The following excerpt is from Roumanis v. Hill, 2013 BCSC 1047 (CanLII):
After the plaintiff refused to complete the settlement, the defendants applied for a stay of all further proceedings on the grounds that the action had been settled. At first instance, the chambers judge, Selbie L.J.S.C., in reasons reported as Hawitt v. Campbell, [1982] B.C.J. No. 1752 (S.C.), refused the application on the basis that he had the discretion to refuse to impose on the plaintiff an unfair settlement made without the plaintiff’s knowledge or consent.
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