In this family law motion for summary judgment, the respondent father sought a declaration and final order enforcing an alleged binding settlement agreement based on a letter offer sent by the applicant mother in November 2022.
The applicant cross-moved for summary judgment, arguing no binding settlement existed.
The court found that the letter offer was not available for acceptance because: (1) the respondent's counter-offer in December 2022 terminated the original offer under common law contract principles; (2) the letter offer was implicitly time-limited; (3) the letter offer was incomplete, lacking express child support provisions; (4) the applicant had withdrawn the offer through subsequent correspondence; and (5) the respondent attempted to impose additional material terms less favourable to the applicant.
The court dismissed the respondent's motion and granted summary judgment to the applicant, finding no genuine issue requiring trial.
