The appellant appealed a motion judge's decision which found that minutes of settlement did not contain all essential terms to constitute an enforceable agreement.
The Court of Appeal allowed the appeal, finding that the essential terms of the easement and licensing agreements were set out in the minutes.
The dispute over a $2,000 cost for committee of adjustment approval did not justify resiling from the agreement, as the respondents were obligated to assume this cost, or alternatively, it was a minor matter that could be resolved by a judge.
The appeal was allowed and judgment was granted in accordance with the minutes of settlement.
