A.C.J. Marrocco

The appellants appealed an order enforcing a mediated settlement agreement, arguing the Divisional Court lacked jurisdiction, Rule 49.09 did not apply to minutes of settlement, and the settlement was signed under duress and was unconscionable.

The Divisional Court dismissed the appeal, finding it had jurisdiction because the settlement and counterclaim amounts were under $50,000.

The court held that Rule 49.09 applies to minutes of settlement and found no evidence of duress or unconscionability, noting the individual appellant's subsequent actions affirmed the settlement and his choice to proceed unrepresented did not invalidate the agreement.

The applicant sought judicial review of the Registrar General's decision to cancel his birth registration under the Vital Statistics Act, following a criminal conviction where it was found he had assumed a false identity.

The applicant argued that delegating the decision to a Ministry lawyer created a reasonable apprehension of bias and that denying his request for a teleconference hearing breached procedural fairness.

The Divisional Court dismissed the application, finding no reasonable apprehension of bias given the distinct roles within the Ministry, and concluding that a written hearing satisfied the duty of fairness as the applicant failed to provide new evidence conclusively impeaching the prior judicial finding of his identity.