Milos v. Zagas 1998 CanLII 7119 (ON CA),
Sher v. Paletta, 1996 CanLII 286 (ON CA);
Vanderkop v Manufacturers Life Insurance Company, 2005 CanLII 39686 (ON SC)]
-The plaintiff executed her settlement documents of her claims against the defendants Sun Life and TD Insurance in respect of her entitlement to LTD benefits and tort damages.
-As a general rule, both parties are to be held to their bargains and to settlements which they negotiate and conclude. The court may exercise its discretion not to enforce the terms of a settlement where there is evidence that:
(a) the resulting agreement and settlement was unconscionable, or based on a party’s misapprehension of a material fact which was known to the opposite party;
(b) the solicitor representing the party was not retained or did not have authority to settle the action and this limitation was known to the opposite party; and
(c) the party lacked the legal or mental capacity to enter into the settlement agreement at the material time.
