Law360 Canada ( August 6, 2024, 2:29 PM EDT) -- Appeal by husband from denial of his application to set aside discontinuance of claim filed by wife. This proceeding arose from a divorce and division of matrimonial property between the husband and wife after their 30-year marriage ended in 2011. After years of high-conflict litigation involving their two eldest children, the parties entered into a global settlement agreement in 2016. However, various matters remained outstanding, and in 2023, the husband sought procedural direction on how to enforce the agreement. Before the court could address this, the wife filed a discontinuance of her original divorce claim. The husband then applied to set aside the discontinuance, arguing it prevented enforcement of the settlement agreement. The husband submitted that the discontinuance improperly prevented him from seeking to enforce the terms of the agreed settlement and have the outstanding matters resolved. The wife argued that the discontinuance rendered the husband’s enforcement application moot since there was no longer an active claim. The chambers judge partially set aside the discontinuance only to allow for a divorce, not enforcement of the full settlement agreement. The husband appealed, seeking to fully set aside the discontinuance....