Is a settlement agreement concluded by counsel to settle outstanding claims or issues in pending litigation enforceable?
Ontario, Canada
The following excerpt is from Lavoie v. Chambers, 2009 CanLII 18285 (ON SC):
The case of Geropoulos v. Geropoulos [1982] O.J. No. 3179 instructs that settlement agreements concluded by counsel, resolving outstanding claims or issues in pending litigation are beyond the reason and purview of Section 55 of the Family Law Act. Compliance with the requirements of that section is not a prerequisite to validity or enforceability.
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