The defendant Canadian Hydro Developers (CHD) brought a motion to enforce Minutes of Settlement and sought a declaration on the property valuation date.
The plaintiff, Paul Thompson, opposed, arguing misapprehension of facts and that his former counsel acted without instructions regarding the valuation date.
The court enforced the main settlement but exercised its discretion to set aside counsel's agreement on the June 2014 valuation date, finding it unreasonable and entered into without the plaintiff's instructions, leading to clear injustice.
The valuation date was determined to be the date appraisals are conducted.
