The moving party law firm sought enforcement of a settlement of assessment proceedings arising from a solicitor-client fee dispute in an estate matter.
The court held that a Rule 49 offer made in writing was not withdrawn, either expressly or implicitly, by later oral counter-offers or by a later written offer made by the opposing party.
Applying the two-step framework for enforcing settlements, the court found a binding agreement on essential terms and held that it should be enforced.
The assessment proceedings were dismissed and the moving party received partial indemnity costs.
