Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Chisholm v. Yuille, 2012 NSSC 297

 

Date: 20120802

Docket: Hfx No. 311195

Registry: Halifax

 

Between:

 

John Chisholm and Trevor Chisholm

 

Plaintiffs

v.

 

Robert Yuille and Charlene Yuille

 

Defendants

 

                                                             v.

 

                                                 Thomas O. Boyne

 

                                                                                       Defendant by Third Party

 

 

 

 

LIBRARY HEADING

 

 

 

 

Judge:                            The Honourable Justice Michael J. Wood

 

Heard:                            July 24, 2012 in Halifax, Nova Scotia

 

Written Decision:  August 2, 2012

 

Subject:                          Contracts - Agreements to Agree

Civil Procedure - Enforcement of Settlement Agreements

 


 

 

 

Summary:                      Counsel for the two defendants negotiated an arrangement for settlement of the litigation and conveyance of an interest in the property under dispute.  One of the parties sought an order enforcing the alleged settlement agreement.

 

Issue:                    Did the exchange of letters between counsel create a binding settlement agreement and, if so, on what terms?

 

If there was an agreement reached, should the Court issue an order for enforcement?

 

Result:                            The Court concluded that the correspondence was intended to create a binding contract and was not just an agreement to agree.  The requirements of the Statute of Frauds were met by the letters signed by counsel.  A declaration was issued confirming the binding settlement agreement and its terms.

 

The Court did not issue an enforcement order under CPR 10.04(2)(c) in the absence of evidence that a party would not abide by the terms of the agreement.  It retained jurisdiction to issue an enforcement order if necessary.

 

 

 

 

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