The defendants sought leave to appeal a motions judge's order dismissing an application for judgment in accordance with minutes of settlement reached at mandatory mediation.
The settlement required the execution of a license agreement, but the parties could not agree on whether it should include an indemnification provision.
The motions judge found the settlement unenforceable as there was no agreement on essential terms.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the order and that a decision would be of significant benefit to the profession.
