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Whelton Hiutin LLP Obtains Summary Judgment in Breach of Settlement Case

Whelton Hiutin LLP lawyers Colin Stevenson and Wei Jiang recently successfully enforced a settlement agreement arising from a real estate dispute. The case concerned a settlement that resolved two earlier competing applications about the validity of a mortgage. By the time of the summary judgment motion, the defendant husband had commenced bankruptcy proceedings and the defendant wife argued that the settlement was signed under duress and without independent legal advice or consideration. The Court rejected these defences and granted judgment to the plaintiff. A copy of the decision, Rose-Terra Investments Inc. v. Butryn, 2023 ONSC 2332, can be found here.