In Smith v. Fire Team K-9’s Inc (Ont Divisional Ct, 2025) the Divisional Court dismissed an appeal, here from a motion judge's order that a settlement regarding ownership of a dog should be enforced.
Here the court considers the contractual nature of consent orders and endorsements:
[15] Consent orders and endorsements are a species of contract, and the analytical approach to their interpretation does not differ from the ordinary principles of contract interpretation: Johnston v. McLean, 2024 ONCA 791 at paras. 14-15. Contract interpretation is generally an issue of mixed fact and law subject to a deferential standard of review unless there is an extricable error of law: Spina v. Shoppers Drug Mart Inc., 2024 ONCA 642 at para. 53.
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