Decision

Betser-Zilevitch v. Nexen Inc., 2019 FCA 230

Justice Stratas; Justice Webb; Justice de Montigny - 2019-09-12

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This is an appeal from a decision of a judge of the Federal Court [see 2018 FC 735] pursuant to which the respondents’ motion to enforce a settlement agreement was granted. The Court found that the parties had entered into a binding agreement to settle the underlying patent infringement action, the terms of which are set out in the appellant’s written offer to settle dated January 25, 2017. The Judge further found that the agreement covered all essential terms, and proceeded to determine the non-essential terms upon which the parties disagreed in their attempt to formalize the settlement agreement. As a result, the Judge discontinued the appellant’s action against the respondents, and ordered the appellant to pay the respondents’ motion costs in the amount of $5,000.00. ... The issue to be determined by the Judge was whether an objective bystander would have considered that the parties intended to bind themselves on sufficiently certain essential terms at the time the agreement was reached. In our view, the Judge made no reviewable error in concluding, on the basis of the record, that the parties intended to enter into a binding agreement.

Decision relates to:

 

Canadian Intellectual Property