Aliamisse O. Mundulai

The appellants appealed an order enforcing Minutes of Settlement signed after mediation.

They argued their solicitor lacked authority to settle, the agreement was signed under duress, the settlement should not have been approved for the minor plaintiffs, and the agreement was not binding because a release was never signed.

The Court of Appeal dismissed the appeal, finding the solicitor had ostensible authority, there was no evidence of duress, the motion judge did not err in approving the settlement for the minors, and the requirement to sign a release did not prevent the Minutes from being a binding agreement.

The appellants appealed their convictions and intermittent sentences.

They argued the trial judge misapprehended evidence, failed to refer to character evidence, and that they required an interpreter.

The Court of Appeal dismissed the conviction appeals, finding that even if evidence was misapprehended, the verdicts would inevitably have been the same due to cogent bystander evidence.

The court also found no merit in the character evidence and interpreter arguments.

The sentence appeals were dismissed as the intermittent sentences were not unreasonable.