David Elliott

The appellant appealed an order dismissing a motion to enforce a settlement.

The respondent had been seriously injured in a school wrestling incident.

The respondent's former solicitor accepted a settlement offer, but the respondent promptly repudiated it, claiming he gave no instructions.

The motion judge found that the appellant's counsel was on notice of 'red flags' regarding the respondent's solicitor's authority, as correspondence indicated the solicitor was taking negotiating positions without consulting his client.

The Divisional Court dismissed the appeal, holding that the motion judge's factual findings were supported by the evidence and justified refusing to enforce the settlement.

The appellant appealed a trial judgment dismissing its claims against a former employee for breach of a non-solicitation clause and misuse of confidential information.

The Court of Appeal upheld the trial judge's findings that the former employee did not solicit the client, but rather was approached by the client, and that the information used was provided by the client itself.

The appeal was dismissed with costs.