June 20, 2023 – Settlements Involve “Give & Take”

“Before I set out the provisions at issue, it is important to note that, like most settlements, there was considerable give and take in achieving the “eve of trial” settlement. The parties agreed on values, and equalization payment, a lump sum support payment, repayment of money from a joint bank account, transfer of property ownership and so forth.

Trying to set aside one paragraph of the Minutes of Settlement (and replacing it with another) would clearly upset the balance the parties (with the benefit of counsel) agreed upon.   It would, in my view, result in the court revising, not interpreting nor enforcing, the Minutes of Settlement.  In addition, to set aside one paragraph and replacing it with another entirely different paragraph is even more troubling legally where the parties have already complied with the other terms in the Minutes of Settlement.”

            Carducci v. Carducci, 2022 ONSC 3683 (CanLII) at 11-12