The respondent father brought a motion for summary judgment to enforce unsigned Minutes of Settlement purportedly reached at a settlement conference.
The applicant mother opposed, arguing no binding agreement was reached until the Minutes were signed.
The court found that while the parties had agreed on the substantive terms, the objective evidence demonstrated that the execution of the formal Minutes was an essential procedural term necessary for the formation of the contract.
As the Minutes were never executed due to a disagreement over a specific clause, there was a genuine issue requiring a trial.
The motion for summary judgment was dismissed, and the respondent was granted leave to bring a motion for expanded parenting time.
