The appellants appealed a motion judge's decision enforcing a settlement agreement between the respondent mortgagee and the appellants regarding mortgage enforcement proceedings.
The appellants argued the settlement agreement was unenforceable because the mortgagee failed to comply with notice requirements under section 244(1) of the Bankruptcy and Insolvency Act before enforcing its mortgage.
The Court of Appeal upheld the motion judge's decision, finding that the appellants had voluntarily relinquished any claim based on section 244 when they entered into the settlement agreement with full knowledge of that claim, having previously raised it in their statement of defence.
The court found no basis for appellate intervention and dismissed the appeal with costs.
