Case Background:

• Issue: Enforcement of minutes of settlement signed on September 14, 2023, after mediation.
• History: A 2014 order required Music and Beyond to pay $39,000 into court for the release of wines held by the defendant.

Arguments by the Defendant:

1. The claim was automatically dismissed in 2020 under Rule 48.14(1) due to inactivity.
2. Alleged duress during mediation.
3. Claims of mediator bias and misconduct.
4. Alleged defects in the minutes of settlement (e.g., incorrect file number).
5. Insistence that the mediation is incomplete until a complaint about the mediator is resolved.

Court's Findings:

• Inactive Claim Argument: The claim was not dismissed, as court orders in 2021 and 2022 confirmed the action's active status. No motion for dismissal was filed by the defendant.
• Duress Claims: No evidence of duress during mediation; the defendant had legal representation throughout.
• Mediator Bias: Claims of bias due to alleged mediator connections with the plaintiff were unfounded.
• Document Defect: Minor irregularities (e.g., file number) do not invalidate the minutes of settlement.
• Mediation Complaint: The complaint regarding the mediator lacked jurisdiction as the mediator was not court-appointed.

Ruling:

• The minutes of settlement are valid and enforceable.
• The defendant’s arguments lack merit.
• The plaintiff’s motion to enforce the settlement is granted.

Costs:

• The plaintiff is entitled to costs unless submissions indicate otherwise, due by specified dates. No amount specified.