Changing Minutes of Settlement

[Kenny]

Has anyone ever changed or amended a Minutes of Settlement (Form 15C) before an order was issued enforcing it? If so, how did you do it?

In effort to avoid a trial in November 2011, my Ex-spouse and I entered into an “eleventh hour” Minutes of Settlement agreement. From the Trial Management Conference (TMC), the judge clearly favoured the Section 7 special/extraordinary expenses presented and highly suggested that those expenses should be captured in the Minutes of Settlement and following court order.

“Striking while the iron is hot,” the 15C and Form 25 Order was quickly drafted, ‘blessed’ by a legal advisor, signed as required, then submitted to the Ottawa Court.

Then there was a judge change.

New judge didn’t have too much issue with the Minutes of Settlement, but would not approve any Section 7 expenses (orthodontics, secondary education) on the Form 25 Order. This new judge, having a different approach than the former, indicated that the order should not contain these expenses and that the parties should return to court if necessary to resolve liability for them.

Rhetorically I ask, “what ever happened to conflict reduction?”

The “iron” is not hot anymore; nor is my Ex-spouse’s desire to approve the “form and content” of another order. In fact she wants to change/amend the Minutes of Settlement before she will approve another draft court order.

Is there any experience with this out there?

I am guessing, a procedural motion to the court to have the 15C set aside or a move to trial again.

Thanks.

Ken