Daniel Dochylo

Following an earlier endorsement enforcing a settlement agreement for the purchase of shares, the court addressed costs and pre‑judgment interest.

The successful moving parties sought partial indemnity costs and opposed the respondent’s request for pre‑judgment interest on the settlement amount.

The court held that the settlement concerned an exchange of money for shares rather than payment of a debt, and therefore the rationale for pre‑judgment interest did not apply.

Because both sides had retained the benefit of their respective property—funds on one side and shares on the other—no interest award was warranted.

Costs were awarded to the successful moving parties.

The defendants brought a motion under Rule 49.09 of the Rules of Civil Procedure to enforce a settlement agreement reached in 2005 but never implemented.

The responding party, acting through a litigation guardian, argued the settlement should not be enforced because the party lacked mental capacity at the time and the agreement was unfair.

The court found insufficient evidence that the party was under a disability in 2005 and held that Rule 7.08 did not apply because no litigation guardian existed at the time of settlement.

The court also found no persuasive evidence that the settlement was substantively unfair, noting the involvement of legal and accounting advice during negotiations.

The settlement was enforced and an order issued implementing its terms.

In the ongoing administration of the estate of John Kaptyn, the estate trustees (Henry and Simon Kaptyn) and beneficiaries brought multiple motions due to their inability to agree on routine matters.

Henry sought the return of retained earnings from a corporation, which the court dismissed as res judicata and an abuse of process due to a prior consent judgment.

The court also addressed the timing of a $1 million compensation payment and directed the parties to confer and agree on the form of indemnification and share pledge agreements required for the distribution of estate assets to the grandchildren, warning of costs consequences for unreasonable delay.