2 total
The Court of Appeal upheld the enforcement of a settlement agreement and its associated penalty clause.
The Court of Appeal for Ontario dismissed the appeal from a judgment enforcing a settlement agreement in the context of a pending arbitration.
The appellants failed to pay the agreed amount by the deadline, triggering a penalty clause.
The court found no error in the application judge’s decision to proceed by application rather than action, in the finding that the respondents had not breached their obligations of good faith, or in the enforcement of the penalty clause.
The appeal was dismissed and costs awarded to the respondents.
Timetable set for certification motion in proposed class action.
At an initial case conference for a proposed class action, counsel agreed on a timetable leading up to the certification motion.
The court endorsed the agreed schedule, setting the certification motion for September 9, 2021.
