The applicants brought a motion to enforce Minutes of Settlement and a consent order requiring the respondents to pay $259,570.38.
The respondents brought a cross-motion to set aside the settlement and orders, arguing they were induced to settle by a material misrepresentation regarding whether one of the applicants was a lessee of the business premises.
The court found no misrepresentation occurred, and even if it had, it was not material to the settlement.
The court dismissed the cross-motion, found the respondents in breach of the settlement, and ordered them to pay the settlement funds plus interest and costs.
