When is a settlement not a settlement?

Sometimes I yell at myself.

Sometimes I yell at myself. (Photo credit: ★ spunkinator)


When it is an “emotionally-charged case”, I guess:


[10] At the end of the day, the critical issue in this case was whether, on consideration of all the relevant factors disclosed by the evidence, the enforcement of the settlement would lead to clear injustice: see for example, Royal Bank v. Central Canadian Industrial Inc., 2003 CarswellOnt. 5214 (Ont. C.A.); Milios v. Zagas (1998), 38 O.R. (3d) 218 (C.A.). The trial judge concluded that in the circumstances of this emotionally-charged case, arising from the unfortunate estrangement of two brothers following a dispute concerning their respective interests in the family farming business, the interests of justice demanded that the settlement not be enforced and that the respondent’s action continue. This was her call to make.

Srebot v. Srebot Farms Ltd., 2013 ONCA 84 (Ont. C.A.) per Cronk, LaForme and Hoy JJ.A.


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