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.
