During a trial regarding an estate dispute and a dependant's relief application, it was revealed that the parties had previously attended mediation and reached a settlement.
The applicant's lawyer subsequently attempted to resile from the agreement.
The court held a hearing to determine if a binding settlement had been reached.
The court found that the applicant's lawyer had ostensible authority to bind his client and had agreed to the settlement terms.
The court enforced the settlement under Rule 49.09, finding it fair and reasonable, and declined to award costs against the applicant's lawyer personally.
