The appellants and respondents were involved in a long-standing boundary dispute concerning islands in Lake Huron.
The appellants reached a settlement with one of the defendants and sought to enforce it through consent orders.
The motion judge refused to grant the declarations contemplated by the settlement, finding they could affect the rights of the other defendants in the broader litigation.
The Court of Appeal upheld this decision, confirming that while the settling parties could resolve issues between themselves, they could not do so in a way that affected the other parties.
The appeal was dismissed, though some costs awards from the application were reduced.