The plaintiff contractor brought a motion under Rule 49 to enforce a settlement agreement reached with the defendants regarding a dispute over the construction of a house.
The defendants' solicitor had accepted an offer to settle for $80,000, but the defendants subsequently refused to sign the release because they did not want to release their Tarion new home warranty claims.
The court found that a binding agreement was reached by solicitors with apparent authority and declined to exercise its discretion to set aside the agreement based on a mistake between the defendants and their solicitor.
The motion was granted, and judgment was issued for $80,000 plus costs.
