What is the legal test for granting judgment based on minutes of settlement where one of the parties is in default?

Saskatchewan, Canada


The following excerpt is from Burgess v. Burgess, 2008 SKQB 127 (CanLII):

This issue of granting judgment based on minutes of settlement where one of the parties is in default was dealt with by Gunn J. in Barclay v. Barclay, 2007 SKQB 195. The circumstances were similar to the current situation where Gunn J. granted judgment based upon the minutes of settlement. It is common ground that if any party has a complaint about the failure of the other to comply with the terms of the minutes of settlement, which have then been incorporated into a judgment, the remedy is to apply to the court for enforcement of the terms and conditions of the judgment. It is not rescission of the minutes of settlement. The petitioner’s request to rescind minutes of settlement and order reconvening of the pre-trial because the respondent has defaulted under the minutes of settlement is dismissed. 3. Is the respondent entitled to an order issuing judgment based on the minutes of settlement of July 6, 2007, in accordance with the draft order filed?

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