Q. Giordano

The defendant brought a motion to enforce a settlement reached on the eve of trial regarding an estate dispute over a property.

The plaintiffs argued there was no binding agreement as certain terms were not finalized, and disputed the calculation of 'net proceeds of sale', specifically regarding capital gains tax and sale expenses.

The court found that the Minutes of Settlement constituted a binding agreement and enforced it, holding that the objective interpretation of the agreement required the deduction of capital gains tax and shared expenses to determine the net proceeds.

Following the dismissal of the applicant's applications to remove the respondent as an estate trustee and compel the closing of a real estate transaction, the court determined costs.

The court found that the applicant's unilateral actions necessitated the litigation and that he should be personally liable for costs, rather than the estate.

The respondent was awarded costs fixed at $15,000 plus disbursements and HST on a partial indemnity basis.