The applicant moved to set aside a settlement agreement reached via an accepted offer to settle, arguing the respondent failed to carry out its terms by paying the settlement funds two days after the negotiated deadline.
The respondent cross-moved to enforce the settlement.
The court dismissed the applicant's motion, finding that time was not explicitly made of the essence in the offer to settle and the brief delay did not demonstrate an intention not to be bound by the contract.
The settlement remained binding and the matter was directed to proceed to trial solely on the remaining issue of support.
