This motion concerned the enforcement of a settlement agreement reached in open court regarding three complex estate applications.
The respondent, David Chong, sought to resile from the settlement, claiming duress, lack of comprehension, and fraudulent misrepresentation, and arguing the terms were unconscionable.
The court found David's reasons for resiling contradictory and uncorroborated, particularly in light of his former counsel's evidence.
The court dismissed the respondent's arguments, finding no inequality in bargaining power, no duress, and no fraudulent misrepresentation.
The court ordered the immediate sale of the property as per the settlement terms and fixed costs against the respondent.
