What is the test for a valid settlement?
Ontario, Canada
The following excerpt is from Nikolai Chilikoff v West Capital Placer Inc., 2016 ONSC 6354 (CanLII):
The plaintiffs have proved on a balance of probabilities that a valid settlement was reached, in that the parties mutually intended to create a legally binding contract and agreed on all of the essential terms of the settlement: Olivieri v. Sherman (2007), 2007 ONCA 491 (CanLII), 86 O.R. (3d) 778 (C.A.).
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