The appellant appealed an order finding that purported Minutes of Settlement were unenforceable.
The Court of Appeal dismissed the appeal, agreeing with the motion judge that the settlement lacked material and fundamental terms, such as provisions regarding second mortgages and rights of first refusal.
Furthermore, the Court found that even if an agreement existed, the appellant repudiated it through his conduct, including failing to communicate, execute documents, or maintain the property.
Costs were awarded to the respondents on a full indemnity basis.
