2 total
Appeal allowed; enforcement of settlement set aside due to unresolved issues of economic duress and lack of independent legal advice.
The appellant, acting in person, signed Minutes of Settlement to resolve a debt claim by the respondent bank.
Shortly after, she resiled from the settlement, alleging economic duress, fraud, and lack of independent legal advice.
The motions judge granted judgment enforcing the settlement under Rule 49.09.
On appeal, the majority of the Court of Appeal found that the motions judge failed to properly consider the appellant's lack of independent legal advice and the unresolved factual conflicts regarding economic duress.
The appeal was allowed, and the court exercised its discretion to direct that the proceeding continue as if there had been no accepted offer to settle.
Appeal allowed as the motions judge ignored evidence that the lease included the basement premises.
The appellant tenant appealed a motions judge's decision which found that his lease did not include the basement premises of the property.
The Court of Appeal held that the motions judge ignored relevant evidence, including a note on a schedule attached to the lease and an affidavit from the original landlord confirming the basement's inclusion.
The Court of Appeal allowed the appeal, set aside the motions judge's decision, and dismissed the respondent landlord's application, concluding that the basement was part of the demised premises.
