The appellant was dismissed without cause and entered into a pre-litigation settlement agreement with the respondent.
After the appellant commenced a wrongful dismissal action, the respondent successfully moved for summary judgment to enforce the settlement under Rule 49.09.
The appellant's subsequent appeals and motions to set aside the judgment were dismissed.
The appellant then argued that the original order was a nullity because Rule 49.09 does not apply to pre-litigation settlements.
The Court of Appeal dismissed the appeal, holding that the original motions judge had jurisdiction to enforce the settlement, and any error in the method of enforcement did not render the decision a nullity.
