Court and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20220208 DOCKET: C69337

Judges: Simmons, Pardu and Brown JJ.A.

BETWEEN

Donalessa Silvera Plaintiff (Respondent)

and

Michael Taylor and The Manufacturers Life Insurance Company Defendants (Appellants)

Counsel: Daniel I. Reisler, for the appellants Roy Tofilovski, for the respondent

Heard: February 8, 2022 by video conference

On appeal from the judgment of Justice Eugenia Papageorgiou of the Superior Court of Justice, dated April 1, 2021.

Appeal Book Endorsement

[1] The appellant, Michael Taylor, appeals from a judgment declining to enforce a settlement in a motor vehicle accident action.

[2] The motion judge set out the correct legal principles for determining whether to enforce a settlement under rule 49.09 of the Rules of Civil Procedure. Her decision whether to enforce the settlement involved an exercise of discretion. In our view, Mr. Taylor's arguments go no farther than demonstrating disagreement with the manner in which the motion judge assessed the circumstances and do not justify appellate intervention.

[3] We see no error in principle or palpable and overriding error in the motion judge's reasons. The appeal is therefore dismissed.

[4] Costs of the appeal are to the respondent on a partial indemnity scale fixed in the amount of $5,000 inclusive of disbursements and applicable taxes.