The defendants brought a motion to enforce a settlement agreement dismissing the plaintiff’s action without costs.
Former counsel for the plaintiff had emailed defence counsel stating he had instructions to accept the defendants’ offer to settle by consenting to dismissal of the action without costs.
The plaintiff later refused to sign a release and denied settling the claim.
The court held that a party is bound by a settlement entered into by their solicitor unless a limitation on the solicitor’s authority was communicated to the opposing party.
Finding that plaintiff’s counsel represented he had instructions to settle and that opposing counsel was entitled to rely on that authority, the court enforced the settlement and dismissed the action.
