Graesser J

1.2: Purpose and intention of these rules
1.3: General authority of the Court to provide remedies

Case Summary

During an Application regarding support obligations, the parties reached an agreement and entered a Consent Order before Graesser J. A form of Order was subsequently prepared which one party would not sign. The Applicant brought this Application to settle the terms of the interim Order. Graesser J. observed that the Foundational Rules promote the resolution of disputes by the parties themselves through Rule 1.2(2)(c), and facilitate the quickest means of resolving the dispute at the least expense through Rule 1.3(a). Graesser J. cited Rule 1.2(4), and commented that the Foundational Rules also require the Court to consider proportionality in granting remedies or imposing sanctions. Forcing the parties to go to Trial to determine whether or not a binding settlement was reached would be entirely disproportionate and would act as a huge disincentive to future settlement. There was no suggestion of any misrepresentation, fraud, duress or undue influence. Buyer’s remorse did not qualify as a reason to upset an otherwise valid settlement. In the result, Graesser J. settled and signed the form of Order, and the Applicant was awarded Costs.

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