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    Justin Tetreault
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    Judgment dated July 23, 2015

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    Judgment dated July 23, 2015

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    26 views10 pages

    Wilson v. Northwest Value Partners Inc

    Uploaded by

    Justin Tetreault
    Judgment dated July 23, 2015

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 10
    CITATION: Wilson v. Northwest Value Partners In., 2015 ONSC 4726 ‘COURT FILE NO. CV-14-503488 DATE: 20150723 ‘ONTARIO SUPERIOR COURT OF JUSTICE, BETWEEN: ) [RIAN WILSON JefTC. Hopkins, for the Plsititt Plaintitt and NORTHWEST INTERNATIONAL HEALTHCARE PROPERTIES REAL ESTATE INVESTMENT TRUST d ) ) ) ) NORTHWEST VALUE PARTNERS INC. and} Jonathan D. Cocker, forthe Defendants ) ) ) Defendants) ) ) HEARD: July 15,2015 D.FAIETA,I REASONS FOR JUDGMENT INTRODUCTION [1] __ The plaintiff Brian Wilson commenced this action for payment of benefits following the termination of his employment in December 2013 as a senior executive with the defendants Northwest Value Partners Ine. (“Northwest Value”) and Northwest International Healthcare Properties Real Estate Investment Trust (“Northwest REIT”) collectively referred to as Northvves. [2] A mediation was held on the morning of January 26, 2015. Wilson and his counsel, ‘Norman Grosman, were in attendance along with Benard Crotty, Vice-President of Northwest ‘Value and Northwest's counsel, Jonathan Cocker, At the mediation the parties agreed to setle this action, [3] On January 28, 2015 Bernard Crotty learned that Wilson was working with Mohawk “Medical General Parner (0) Corp. Northwest and Mohawk are competitors in the healthcare real ‘estate field, Page: 2 [4] Byeemai dated February 18, 2015 counsel for Northwest advised: Tan advise that our clients are not prepared to accept the tems ofthe proposed setlement in light of the information we have learned regarding the activities of Mt. Wilson, which our clients view as both inconsistent with his ongoing obligations owed to thems and material t the tens of any fina resolution of all utters beeen the pate. As such, we will be reluming the Release executed by Mr, Wilson and we propose thatthe parties proceed to discoveries. [5] On June 17, 2015 Northwest commenced an action against Wilson and Mohawk for damages arising from the alleged breach of his non-compettion agreement with Northwest, [6] Wilson brings this motion for judgment in accordance with the settlement agreement, ‘Wilson fle his affidavit in support of this motion. [7 By eross-motion Northwest asks this Court for an onder: (1) declaring that the parties have not reached a settlement; or in the alternative, an order that the enforceability of the settlement agreement is to be determined at tral; (2) thatthe Wilson action and the Northwest action be consolidated or heard atthe sane time. In support of its motion, Northwest did not submit the evidence of anyone Who attended the mediation on its behalf, Instead, it relied upon the affidavit of Teresa Neto, the former Chief Financial Officer of Northvest REIT. [8] The central issue in respect of both motions is whether the partes reached a settlement on January 26, 2015, [9] Northwest submits (1) The parties did not execute documents relating to the settlement agreement [Negotiations were at all material times subject to formalization in documents and this was never completed. At no time did Northwest execute settlement documents @) Settlement negotiations did not reach consensus ut idem because Wilson did not disclose a fundamental, material fact, namely that he was employed by a direct ‘competitor, Northwest could not, and did not, agiee to a full and final settlement thou Knowledge of this fet G) nm the altemative, setlement negotiations did not reach consensus ad idem because Northwest negotiated under a unilateral mistake of fact, namely, that Wilson was not employed by a direct competitor and in his of his contractual and fiduciary duties. [10] Accordingly, these motions raise the following issues: (1) Did the partes age to sete this action? Page:3 @) Ifs0, should the settlement agreement be enforced? ANALYSIS [11] Rule 49.09 ofthe Rules of Civil Procedure provides: 49.09 Where a party to an accepted offer to settle fails to comply with the terms ofthe offer, the other party may, (@) make motion to a judge for judgment inthe terms ofthe accepted offer, and the judge may grant judgment accordingly; or () continue the proceeding as if there had been no accepted offer to settle [12] In Olivier’ v. Sherman, 2009 ONCA 772, at para, 24-28, and 34, the Ontario Court of Appeal indicated that whether a settlement agreement should be enforced requires a two-step analysis, [13] The first step is to determine whether the parties agreed to settle the action. This

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