The appellants, who had limited English proficiency, attended a settlement meeting regarding a motor vehicle accident claim.
The husband signed a release but allegedly instructed his solicitor to hold it until he consulted his wife, who was also a plaintiff.
The solicitor released the document to the respondent, and the appellants promptly instructed the solicitor to reject the settlement.
The motion judge enforced the settlement based on the solicitor's apparent authority.
The Court of Appeal allowed the appeal, finding the motion judge erred by failing to consider the wife's lack of agreement and the discretionary exceptions to enforcing settlements where there is a mistake concerning instructions and no prejudice to the defendant.
