The applicant mother brought a motion to enforce an unsigned offer to settle in a family law proceeding.
The respondent father, who suffers from cognitive and visual impairments due to multiple motor vehicle accidents, argued he never instructed his former counsel to accept the offer.
The court found that no final settlement was reached because the father's counsel explicitly indicated he needed to review the documents with his client in person before signing.
Furthermore, the court held that even if an agreement had been reached, it would not enforce it due to the father's cognitive disability and the mother's failure to provide complete financial disclosure at the time of the alleged settlement.
The mother's motion was dismissed.
