Court of Appeal for Ontario

Date: 2017-06-02 Docket: C63214

Judges: Juriansz, Pepall and Trotter JJ.A.

Between

Golam Mehedi (Plaintiff) Appellant

and

Bianca Kapteyn, James Slotek and RBC General Insurance Co. (Defendants) Respondents

Counsel

Golam Mehedi, acting in person

Michael Unea, for the respondents

Heard and released orally: June 2, 2017

On appeal from: the order of Justice Andra Pollak of the Divisional Court, dated August 4, 2016.

Reasons for Decision

[1] The appellant appeals from the dismissal of his motion to set aside the settlement and the consent order dismissing his action.

[2] He acknowledges signing the settlement but tendered evidence attempting to show he did so following a long examination, and was suffering from a headache and additional ailments. The motion judge found that he had not met his burden of proof and there was no legally justifiable reason to set aside the settlement. We agree. The evidence falls short of establishing incapacity.

[3] The appellant also argues that the amount of the costs awarded do not reflect the handwritten endorsement of the motion judge. The official transcript indicates otherwise. We are not persuaded to interfere with the formal order.

[4] The appeal is dismissed.

[5] The respondents are awarded costs fixed in the amount of $1,500, inclusive of HST and disbursements.

[6] The appellant's approval of the terms of the formal judgment is dispensed with.

"R.G. Juriansz J.A."

"S.E. Pepall J.A."

"G.T. Trotter J.A."