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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.