The appellant appealed an interlocutory order dismissing a motion for judgment on executed Minutes of Settlement.
The motions judge had found genuine issues for trial but then added inconsistent reasons stating he would have found in favour of the applicant if he was in error.
The Divisional Court held that the primary finding of genuine issues for trial was supported by the evidence and dismissed the appeal, noting the subsequent comments were unnecessary and beyond the judge's jurisdiction on a Rule 49.09 motion.
