How have minutes of settlement been set aside?

Ontario, Canada


The following excerpt is from Brunet v. Brunet, 2018 ONSC 2993 (CanLII):

In Wilde v. Wilde, [2000] O.J. No. 2395 (S.C.), the court set aside minutes of settlement, concluding there was a unilateral mistake. The respondent wife argued that it was the common intention of the parties to deal with the applicant’s pension, but it was left out of the minutes. She further claimed that she did not instruct counsel to give up her share of the pension. Justice Linhares de Sousa found that the wife would not have knowingly agreed not to share in her husband’s pension.

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