Background: Brian Normand filed a lawsuit alleging abuse between 1964 and 1967 at a residential school operated by St. Charles Interparochial School Inc. The defendants claimed it was a day school and denied liability, asserting Normand attended only from 1963 to 1964. By August 2023, all evidence, including testimonies, had been collected.

Legal Arguments/Issues: The case involved whether a binding settlement agreement existed and if it should be enforced. The defendant argued a settlement was reached on October 10, 2023, to discontinue the action without costs, including a release provision. The plaintiff contended no binding agreement existed, asserting the release was a later condition he did not agree to. The defendant sought enforcement under Rule 49.09 of The Court of King’s Bench Rules, allowing judgment on an accepted offer if the other party failed to comply.

Held: The court found a binding settlement agreement existed, with the release being an implied and essential term. The plaintiff’s refusal to sign and change of counsel did not negate the agreement. The court ruled the settlement, including the release and discontinuance without costs, should be enforced.

Costs/Damages Awarded: The court awarded costs to the defendant. If the parties could not agree on the amount, they were to make brief written submissions within 30 days. No specific damages were awarded as the settlement was for discontinuance without costs.