The appellants appealed an order declaring that their medical malpractice action against the hospital defendants had been settled.
The motion judge had found that the appellants' offer to consent to a dismissal was contingent on the remaining defendants undertaking not to allege negligence against the hospital defendants, and that this undertaking had been fulfilled.
The Court of Appeal allowed the appeal, finding that the appellants had revoked their offer in writing before the remaining defendants purported to fulfill the undertaking.
As the offer was withdrawn before the condition precedent was met, no settlement was reached.
