Background:
Martin Gunther Ertl, the plaintiff, sued Diew Lansie Morrison and Angelina Lansie Morrison over a failed real estate transaction involving a property in Ucluelet, BC. The parties had entered into a contract for $4.3 million, but the defendants failed to pay the deposit and complete the purchase due to personal and medical issues.

Legal Issues:
Ertl applied to enforce a settlement agreement that he claimed was finalized between the parties, which included payment of $912,500 in damages. The defendants disputed the agreement, arguing that Diew Morrison lacked the mental capacity to consent due to a medical condition and that no binding contract was reached. The court was asked to decide whether the matter could be resolved summarily or if a trial was necessary.

Court Decision:
The court found that there were genuine issues requiring a trial, including the validity of the settlement agreement, the mental capacity of Diew Morrison, and the authority of her lawyer. The judge decided not to enforce the settlement summarily and ordered that the case proceed to trial.

Costs:
Although the defendants succeeded in having the matter sent to trial, the court ruled that the costs of the application would be determined at trial (costs in the cause).

Total Claimed Amounts:
Ertl claimed $912,500 under the alleged settlement, with additional damages potentially exceeding $2 million, including the difference between the original sale price and the eventual resale price of the property.