This motion concerned the enforcement of a settlement agreement reached between neighbouring property owners regarding a land boundary dispute.
The applicants sought an order vesting title of the disputed lands in their names, as per the agreement.
The respondents attempted to introduce new terms after the agreement was confirmed and part performance had occurred.
The court found a binding settlement agreement existed, supported by clarifying emails and part performance (survey work and iron bar placement), which also took the agreement out of the Statute of Frauds requirement for written contracts concerning land.
The motion was granted, enforcing the original settlement terms.
