Court of Appeal for Ontario
Date: 20221012 Docket: C70329
Fairburn A.C.J.O., Huscroft and George JJ.A.
Between
Paul Stephen Stefanchuk Applicant (Respondent)
and
Linda Jean LeLiever and Paul Stephen Stefanchuk and Linda Jean LeLiever, in their capacities as joint Estate Trustees of the Estate of the late Stephen Stefanchuk Respondents (Appellant)
Counsel: Ronald Brady, for the appellant Paul Ingrassia and Trent Howard, for the respondent
Heard and released orally: October 4, 2022
On appeal from the order of Justice Linda M. Walters of the Superior Court of Justice, dated January 13, 2022.
Reasons for Decision
[1] The appellant argues that the application judge erred in enforcing the terms of a settlement agreed to by the parties on April 14, 2021, concerning all matters including jointly held bank accounts.
[2] We do not agree.
[3] The settlement agreement on its face resolves all issues relating to the application including funds held by the estate trustee during litigation as well as proceeds in the TFSA and the RIFs not under the control of the estate trustee.
[4] The application judge applied the two-step test set out in this court’s decision in Capital Gains Income Streams Corp. v. Merrill Lynch Canada Inc. (2007), 87 O.R. (3d) 464, which asks first, whether there was an agreement to settle, and second, whether the agreement should be enforced.
[5] The application judge’s finding on the first step of the test, that the parties had reached a settlement, is amply supported by the record. The application judge found the terms of the agreement clear, unequivocal, and unambiguous. We agree. We see no error, let alone a palpable and overriding error.
[6] As to the second step of the test, the application judge made no error in finding that the partial settlement was superseded and that the settlement agreement should be enforced.
[7] The appeal is dismissed.
[8] The respondent is entitled to costs in the agreed amount of $15,000 all inclusive.
“Fairburn A.C.J.O.”
“Grant Huscroft J.A.”
“J. George J.A.”