The applicant brought a motion to enforce a settlement allegedly reached between the parties following a settlement conference.
The court reviewed the correspondence and draft minutes of settlement exchanged between counsel.
The court found that the parties were not ad idem on an essential term, specifically the timing of the issuance of the divorce order relative to the transfer of the matrimonial home.
As a result, the court concluded that no binding settlement was reached and dismissed the motion, deeming the applicant's signed draft minutes as an offer to settle.