COURT OF APPEAL FOR ONTARIO
Juriansz, Tulloch and Strathy JJ.A.
BETWEEN
Risha Gotlieb
Appellant
and
Gesta Abols, Elise Pulver, Cummings Cooper Schusheim Berliner LLP
Respondents
Counsel:
Alexander Gillespie, for the appellant
Susan Sack, for Elise Pulver, and Cummings Cooper Schusheim Berliner
Sarah Glickman, for Shibley Righton LLP
Heard: April 30, 2014
On appeal from the order of Justice Eva Frank of the Superior Court of Justice, dated May 31, 2013.
APPEAL BOOK ENDORSEMENT
1The meaning the motion judge attached to appellant counsel’s letter dated October 17, 2012 was reasonable. In that letter counsel stated he was confirming he had instructions to settle the matter with the release attached to defendant counsel’s letter dated September 20, 2012.
2Neither the appellant nor her counsel offered any evidence that counsel had acted without her instructions. No objection was taken to the settlement until months later, and as the motion judge noted, the same counsel continues to act for the appellant. We have not been persuaded there is any basis for interfering with the motion judge’s decision to enforce the settlement and the appellant has demonstrated no prejudice from the enforcement of the release.
3The appeal is dismissed. Costs are fixed in the amount of $3,500 all inclusive for each of the respondents.