Ontario Superior Court Enforces Settlement Agreement Reached At A Family Law Mediation

In a family law matter recently heard before the Ontario Superior Court of Justice, it was found that the two opposing parties had reached a binding and enforceable settlement on support and property matters following mediation, as evidenced by their emails.

The couple, who were married in 2006 with two children, separated in 2021. Both parties sought child and spousal support, equalization of net family property, and the sale of the family home. On February 19, 2024, they participated in mediation with their respective lawyers present. The next day, the mediator summarized the agreed terms, covering support, property, and costs and asked for any corrections. Two days later, the mediator circulated a proposed memorandum of understanding, awaiting confirmation from both of their lawyers.

However, a disagreement arose as to whether an agreement had indeed been reached between the parties on these issues. Accordingly, the mother later moved before the Court to enforce the agreement reached at mediation that included agreed-upon amendments.

The Court ultimately granted the mother's motion, finding that:

• The email exchanges showed a clear “meeting of the minds”

• The father began paying child and spousal support per the agreement

• His counsel confirmed the settlement in a February 28, 2024, email

• His September 2024 case conference brief also acknowledged the resolution of key financial issues

The Court held that the agreement’s essential terms were settled, and the absence of formal minutes did not affect its enforceability. Citing prior decisions, the Court concluded it was appropriate to enforce the agreement despite its lack of formal compliance.

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