The appellant appealed an order dismissing his motion to set aside a Certificate of Assessment and declare Minutes of Settlement void.
He argued that he did not understand the terms of the agreement and lacked independent legal advice.
The Divisional Court heard the matter de novo based on the motion record.
The court dismissed the appeal, finding that the appellant failed to provide his own affidavit evidence to support his claim of non est factum, and that independent legal advice is not a strict legal requirement for an agreement to be enforceable.