The appellant appealed an order enforcing Minutes of Settlement.
Under the settlement, the respondent was required to provide two quotes for hazardous waste management, and the appellant was to pay half of the lowest 'acceptable' price.
The Court of Appeal found that the quotes provided were shams, as the individuals submitting them did not carry on a legitimate hazardous waste management business and lacked the necessary licences and equipment.
The motion judge erred by focusing on whether the prices were reasonable rather than whether the quotes were acceptable.
The appeal was allowed and the order enforcing the settlement was set aside.
