The Plaintiff's argument on the Motion to rescind the five settlement agreements was delayed for 1.5 hours this morning. This delay was due to the parties' resolving of an issue as to whether or not there was an issue raised as to the Crown's chief counsel's credibility with respect to the statement that he had filed in the Motion. This issue was resolved to the satisfaction of the Plaintiff, Defendant and the court. The trial of the Motion then continued.

The Plaintiff's position was put forward that there was no mistake, either unilaterally or mutually with respect to the settlement agreements, and no further evidence is to be led with respect to any issues which had been settled as the relevance disappears with the settlement.

The Plaintiff's counsel argued that the Crown has several positions with no common thread. The Crown's positions "demonstrate confusion and lack of precision and represent a significant attempt at backtracking". The settlement agreements are clear in their terms. There may be a question of interpretation and effect; however, the settlement agreements provide for that.

The court has reserved on its decision and will deliver its decision at 9:00 a.m. on Thursday, March 6, 1997.