The appellants appealed an order granting the respondents' motion to enforce a settlement agreement under Rule 49.09 of the Rules of Civil Procedure.
The appellants, initially self-represented in a medical malpractice action, had emailed the respondents offering to dismiss the action on a without costs basis, which the respondents accepted.
The appellants later retained counsel and refused to proceed with the settlement, arguing the email was sent without the authority of all appellants and was merely an exploratory step.
The Court of Appeal upheld the motion judge's finding that an objective reading of the correspondence established a binding agreement on the essential terms.
The Court also found no error in the motion judge's refusal to exercise his discretion to decline enforcement, as the settlement was not unconscionable.
