Shene Harris

The applicants sought approval of a settlement agreement regarding the validity and distribution of the deceased's estate.

The parties agreed that the 2017 will was valid but proposed a distribution that deviated from its terms.

The Office of the Children's Lawyer filed a rejection of settlement on behalf of a minor grandchild who had a potential interest under an earlier will.

The court approved the settlement despite the rejection, finding that Rule 75.07.1 does not grant a non-party absolute veto power over settlement approval, but rather requires the court to consider the non-party's rights when assessing whether the settlement is fair and reasonable.

The applicant, Berardi Construction, sought to rescind an order to comply issued by the County of Norfolk requiring a building permit for a retaining wall.

The court found that the retaining wall was not a "building" for the purposes of the Building Code Act and that no building permit was required.

The order to comply was rescinded, and the issue of damages was directed to proceed to trial.