Jacqueline Ho

The moving party sought to enforce a settlement agreement allegedly reached through counsel confirming that the action and counterclaim would be dismissed without costs and that mutual releases would be executed.

The responding party argued its principal had not authorized counsel to settle the litigation.

The court applied the principle that a solicitor of record generally has apparent authority to bind a client to a settlement unless limitations on that authority are known to the opposing party.

The court found insufficient evidence of mistake or lack of authority and declined to investigate internal limitations between client and counsel.

The settlement was enforced and the action and counterclaim were ordered dismissed.

Following an unsuccessful motion by certain defendants to set aside a noting in default, the court addressed costs.

The plaintiff sought costs on a substantial indemnity basis totaling $6,796.95 inclusive of fees and HST.

The court declined to award costs at that level and instead fixed costs on a partial indemnity scale.

Costs of $4,570.00 plus HST were ordered payable by specific defendants to the plaintiff.