The appellants appealed a judgment enforcing a settlement and release, as well as the associated costs order.
The Court of Appeal dismissed the appeal on the merits, finding no surprise or prejudice to the appellants regarding the settlement issue and agreeing with the motion judge's reasons.
However, the Court granted leave and allowed the appeal regarding costs, finding no basis for an award exceeding partial indemnity.
The costs order below was set aside and replaced, and costs of the appeal were awarded to the respondents.
