At the outset of a civil trial, the plaintiff sought judgment enforcing a settlement arising from consolidated real-estate related disputes over property proceeds and alleged misappropriation of funds.
The court found there was a binding second settlement requiring the defendants to pay $250,000 by instalments, provide post-dated cheques, and execute a consent to judgment upon default.
The court rejected the defendants' evidence of alleged wire transfers and deposits as false and inconsistent with both the settlement terms and counsel's banking records.
Judgment was granted for $250,000 under Rule 49.09, and full indemnity costs were awarded because the defendants submitted false evidence and their underlying conduct warranted sanction.
