The moving party brought a motion under Rule 18(13) of the Family Law Rules to enforce an alleged settlement agreement regarding the transfer of the jointly owned matrimonial home.
The moving party relied on an email exchange between counsel, which culminated in the responding party's counsel stating they 'finally have a deal' and requesting a formal document.
The court found that the email exchange did not contain all the essential terms of a binding contract, leaving critical issues such as mortgage assumption and line of credit discharge unresolved.
The motion was dismissed, as the communications amounted only to an unenforceable agreement to agree.
