The plaintiff moved to enforce a settlement agreement purportedly reached via email correspondence between counsel following a full-day mediation in a wrongful dismissal action.
The defendant argued the emails only represented an 'agreement to agree' and that the settlement was conditional on Board approval of an additional stock option grant, which was denied.
The court found that the parties had agreed on all essential terms and that the defendant's Board had no reasonable basis to decline the stock option grant.
The motion was granted, and the settlement agreement was ordered to be enforced.