Court of Appeal for Ontario
Date: 2019-08-02 Docket: C66142
Judges: Juriansz, van Rensburg and Paciocco JJ.A.
Parties
Between
John Mozas, Dan Pawliw and Kristina Pearce Plaintiffs (Respondents)
and
Dr. Robert Francis, Medcan Health Management Inc. and Shaun Francis Defendants (Respondents/Appellant)
And Between
Dr. Robert Francis, Medcan Health Management Inc. and Shaun Francis Plaintiffs by counterclaim (Respondents/Appellant)
and
John Mozas, Dan Pawliw and Right Health Inc. Defendants by counterclaim (Respondents)
Counsel
- Ronald Moldaver, Q.C., for Robert Francis
- Sinziana Hennig, for Shaun Francis
- Gordon Capern and Michael Fenrick, for John Mozas, Dan Pawliw and Kristina Pearce
- Fredrick Schumann, for Medcan Health Management Inc.
- No one appearing for Right Health Inc.
Hearing and Appeal
Heard and released orally: June 21, 2019
On appeal from: The order of Justice Victoria R. Chiappetta of the Superior Court of Justice, dated October 24, 2018.
Reasons for Decision
[1] The appellant seeks to set aside an order enforcing a settlement. He was a fully informed participant in the settlement, acting on legal advice, who knowingly entered into the settlement structured in a way he now seeks to impugn.
[2] We see no illegality or impropriety in the enforcement of the settlement. We are not persuaded there is any basis to interfere with the motion judge's decision to enforce the settlement. She considered all the arguments, which are repeated here, and gave clear and concise reasons rejecting each of them. Nor are we persuaded there is any basis to interfere with the scale or quantum of costs she awarded to the other parties.
[3] The appeal is dismissed and leave to appeal costs is refused. Costs of the appeal are awarded to the plaintiffs fixed in the amount of $15,000, to Medcan Health Management Inc. in the amount of $5,000, and to Shaun Francis in the amount of $1,500, all amounts inclusive of disbursements and applicable taxes.
R.G. Juriansz J.A.
K. van Rensburg J.A.
David M. Paciocco J.A.