Recently the Superior Court of Ontario in Kearns v. Canadian Tire Corporation, Limited, 2019 ONSC 4946, dealt with the enforcement of a mediated settlement agreement where the defendant claimed it made an error in payment to the plaintiff prior to the mediation – a unilateral mistake. The court found that for a party to set aside a contract based on a unilateral mistake, they must show something akin to fraud. The settlement agreement was upheld.
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