Binding settlement upheld despite unilateral mistake argument.
The appellant challenged an order enforcing a settlement allegedly formed through correspondence between solicitors in a property dispute.
The Court of Appeal majority held that the motions judge made no reversible error in finding a binding settlement and in refusing to set it aside for unilateral mistake.
A dissenting judge would have found that the surrounding circumstances should have alerted the respondents to the mistake in the offer and would have set aside the settlement.
The appeal was dismissed with costs.
Mary-Lynn McMullen v. Andre M. Durocher and Sharon Durocher, 2000 ONCA 4821
