COURT OF APPEAL FOR ONTARIO
RE:
ELISE JILL HALLEWICK (Plaintiff/Appellant) – and PATRICIA EVERINGHAM (Defendant/Respondent)
BEFORE:
BORINS, FELDMAN and CRONK JJ.A.
COUNSEL:
T. Chris E. J. Ecclestone
for the appellant
Martha A. McCarthy
for the respondent
HEARD & RELEASED ORALLY:
December 16, 2004
On appeal from the order of Justice Elizabeth M. Stewart of the Superior Court of Justice dated April 14, 2004.
E N D O R S E M E N T
1This is an appeal from the order of Stewart J. affirming a settlement. We agree with the motion judge that there was a settlement reached between the parties based on the communications between their lawyers that included the execution of a mutual release in the terms stated in paragraph 5 of the letter of November 25, 2003, written by the appellant’s lawyer, Mr. Adelson.
2Accordingly, we would vary the order of the motion judge in respect to the terms of Schedules A and B to reflect this endorsement. Otherwise the appeal is dismissed.
3The respondent is entitled to her costs on a partial indemnity scale fixed at $5,000 inclusive of disbursements and GST.
“S. Borins J.A.”
“K. Feldman J.A.”
“E. A. Cronk J.A.”
