The appellant appealed an order finding that the underlying action had not been settled.
The Court of Appeal first determined it had jurisdiction, as the order finally disposed of the fundamental issue of whether a settlement existed and the action continued.
On the merits, the Court upheld the motions judge's finding that there was no agreement to settle, noting that the original exchange of emails was ambiguous and subsequent conduct did not resolve the ambiguity.
The appeal was dismissed with costs.
