Verbal Agreements Can Create Binding Settlements of Injury Claims in BC

While this is certainly not a new legal development (you can click here to access my archived posts addressing this topic) reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, confirming yet again that a verbal agreement can create a binding injury claim settlement and that refusing to sign the appropriate closing documents does not create an escape route for a litigant that regrets their decision.
In this week’s case (Robertson v. Whistler (Resort Municipality)) the Plaintiff was injured when she fell in a shower owned by the Defendant.  She was 8 years old at the time.  She started a lawsuit when she was 20.  In the course of the lawsuit the Defendant made a global settlement offer of $1,400.  The Plaintiff, in a phone conversation with the Defendant’s lawyer stated that she “wished to accept the $1,400 offer“.
The Plaintiff later refused to sign an agreed to Consent Dismissal Order.  The Plaintiff testified that “until she signed the offer and signed the order, there was no settlement“.  Madam Justice Hyslop disagreed and dismissed the lawsuit finding there was a binding settlement.  In addition the Court awarded the Defendant costs from the date of the settlement onward (which could result in the Plaintiff owing the Defendant money).
In confirming that a binding settlement was reached with the verbal agreement the Court provided the following reasons:

[31] Contract law applies to settlement agreements provided no contractual grounds to set aside the contract exist. Example: mutual mistake, lack of capacity, duress or fraud: Robertson v. Walwyn Stodgell Cochrane Murray Ltd., [1988] 4 W.W.R. 283, 24 B.C.L.R. (2d) 385.

[32] Settlement agreements need not be in writing to be enforceable. This was recognized in Sekhon v. Khangura, 2009 BCSC 670.

[33] Even if the oral agreement contemplates that it be reduced to writing, it is still enforceable: Young et al v. Fleischeuer et al, 2006 BCSC 1318. A party may decide not to pursue certain heads of damages as claimed and a settlement may be reached without addressing that particular head of damage: Prasad v. Ho, [1992] B.C.J. No. 643…

[47] The plaintiff changed her mind and repudiated the settlement as a result of the reaction of her father and the involvement of her aunt, Ms. MacDonald.

[48] I conclude that on December 16, 2010, the plaintiff entered into a binding settlement agreement. This action is dismissed with costs awarded to the defendant upon the basis that the sum of $1,400.00 due to the plaintiff will be set-off against the defendant’s assessed costs. Costs will be assessed under Appendix B, Scale B of the Supreme Court Civil Rules.

bc injury law, Madam Justice Hyslop, Robertson v. Whistler (Resort Municipality), Verbal Settlement Agreements

Comments (52)

  • I just want to tell you that I’m beginner to weblog and seriously savored your web-site. More than likely I’m want to bookmark your blog post . You actually come with great writings. Cheers for sharing with us your webpage.

  • I simply want to say I am newbie to blogging and site-building and honestly loved your web site. Almost certainly I’m going to bookmark your blog . You absolutely come with fantastic article content. Kudos for revealing your web-site.

  • I am curious to find out what blog system you happen to be utilizing? I’m experiencing some small security problems with my latest blog and I’d like to find something more safeguarded. Do you have any solutions?

  • Hi there, I found your site by the use of Google even as looking for a similar topic, your website got here up, it looks great. I’ve bookmarked it in my google bookmarks.

  • It’s really a nice and useful piece of information. I’m satisfied that you shared this useful information with us. Please keep us informed like this. Thank you for sharing.

  • I do agree with all of the ideas you’ve presented in your post. They’re really convincing and will definitely work. Still, the posts are too short for starters. Could you please extend them a little from next time? Thanks for the post.

  • Heya i’m for the primary time here. I came across this board and I to find It really helpful & it helped me out much. I’m hoping to provide one thing again and aid others like you helped me.

  • Hello there, just become alert to your weblog via Google, and found that it is truly informative. I am going to be careful for brussels. I will appreciate for those who proceed this in future. Lots of folks will probably be benefited out of your writing. Cheers!

  • I really like your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to construct my own blog and would like to know where u got this from. appreciate it

  • Fascinating blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple tweeks would really make my blog jump out. Please let me know where you got your design. Many thanks

  • Excellent blog here! Also your site loads up very fast! What web host are you using? Can I get your affiliate link to your host? I wish my web site loaded up as quickly as yours lol

  • Hello there, just became alert to your blog through Google, and found that it is truly informative. I’m going to watch out for brussels. I’ll appreciate if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  • You could definitely see your expertise within the paintings you write. The arena hopes for even more passionate writers such as you who aren’t afraid to mention how they believe. All the time follow your heart. “History is the version of past events that people have decided to agree upon.” by Napoleon.

  • You actually make it seem so easy with your presentation but I find this matter to be actually something which I think I would never understand. It seems too complicated and extremely broad for me. I am looking forward for your next post, I will try to get the hang of it!

  • Hey There. I found your blog using msn. This is a really well written article. I’ll make sure to bookmark it and return to read more of your useful info. Thanks for the post. I’ll definitely comeback.

  • Fantastic post however , I was wanting to know if you could write a litte more on this subject? I’d be very grateful if you could elaborate a little bit more. Appreciate it!

  • I am not sure where you are getting your info, but great topic. I needs to spend some time learning much more or understanding more. Thanks for magnificent info I was looking for this information for my mission.

  • Wow, incredible weblog layout! How lengthy have you ever been blogging for? you made blogging glance easy. The full look of your website is excellent, let alone the content material!

  • My brother recommended I may like this blog. He used to be entirely right. This put up truly made my day. You can not believe just how a lot time I had spent for this info! Thank you!

  • I’m really enjoying the theme/design of your web site. Do you ever run into any browser compatibility problems? A couple of my blog visitors have complained about my website not operating correctly in Explorer but looks great in Chrome. Do you have any suggestions to help fix this issue?

  • We like to honor lots of other online web-sites around the web, even when they arent linked to us, by linking to them. Underneath are some webpages worth checking out.

  • you are in reality a good webmaster. The web site loading velocity is amazing. It sort of feels that you are doing any unique trick. Also, The contents are masterwork. you have done a fantastic process on this subject!

  • Hello There. I found your blog using msn. This is a very well written article. I’ll be sure to bookmark it and return to read more of your useful info. Thanks for the post. I’ll definitely return.

  • Hello, Neat post. There is an issue together with your website in internet explorer, might test this… IE still is the market chief and a large component to people will leave out your fantastic writing due to this problem.

  • Simply desire to say your article is as surprising. The clarity in your post is just excellent and i can assume you’re an expert on this subject. Fine with your permission allow me to grab your RSS feed to keep up to date with forthcoming post. Thanks a million and please continue the enjoyable work.

  • It is my belief that mesothelioma will be the most deadly cancer. It’s got unusual properties. The more I look at it a lot more I am certain it does not act like a true solid tissue cancer. When mesothelioma can be a rogue virus-like infection, in that case there is the potential for developing a vaccine and also offering vaccination for asbestos exposed people who are really at high risk involving developing potential asbestos connected malignancies. Thanks for expressing your ideas on this important health issue.

  • you are really a good webmaster. The website loading speed is incredible. It seems that you’re doing any unique trick. In addition, The contents are masterwork. you’ve done a excellent job on this topic!

  • Thanks for your article. My spouse and i have often observed that almost all people are eager to lose weight since they wish to show up slim plus attractive. On the other hand, they do not generally realize that there are many benefits so that you can losing weight also. Doctors assert that over weight people are afflicted with a variety of disorders that can be perfectely attributed to the excess weight. Thankfully that people who definitely are overweight and suffering from diverse diseases can help to eliminate the severity of their particular illnesses by means of losing weight. It is possible to see a steady but noted improvement in health as soon as even a minor amount of weight-loss is reached.

  • hey there and thank you for your info – I’ve definitely picked up something new from right here. I did however expertise a few technical issues using this web site, as I experienced to reload the site a lot of times previous to I could get it to load properly. I had been wondering if your web host is OK? Not that I’m complaining, but sluggish loading instances times will often affect your placement in google and can damage your high-quality score if advertising and marketing with Adwords. Anyway I’m adding this RSS to my e-mail and could look out for a lot more of your respective intriguing content. Ensure that you update this again very soon..

  • Thank you, I’ve just been searching for info about this subject for ages and yours is the greatest I’ve discovered till now. But, what about the bottom line? Are you sure about the source?

  • I should say also believe that mesothelioma is a scarce form of cancers that is usually found in those previously subjected to asbestos. Cancerous tissue form inside the mesothelium, which is a defensive lining that covers almost all of the body’s bodily organs. These cells generally form within the lining from the lungs, abdomen, or the sac that encircles one’s heart. Thanks for revealing your ideas.

  • Wonderful story, reckoned we could combine a number of unrelated information, nevertheless genuinely worth taking a look, whoa did one learn about Mid East has got much more problerms also

Leave a Reply

Your email address will not be published.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer