The appellants appealed an interlocutory order dismissing their motion for summary judgment to enforce a settlement.
The plaintiff's former lawyer had accepted a $12,500 settlement offer from the TTC, but the plaintiff later claimed she did not give instructions to settle and sued her lawyer.
The motion judge found no settlement existed and refused to enforce it.
The Divisional Court allowed the appeal, holding that the lawyer had ostensible authority to bind his client, the acceptance was clear and unambiguous, and there was no basis for the TTC to know of any lack of instructions.
The settlement was enforced.
