Counsel for the appellants in Swamy v. London Life Insurance Co. [2004] B.C.C.A. 621
Appeal of a refusal to stay proceedings on the basis the action was settled. Counsel accepting the counter-offer knew at the time of communication of acceptance to the plaintiff's solicitor of record that he no longer acted for her, in circumstances in which the notice under Rule 16 of the Rules of Court had not been filed. Held: the communication to the solicitor of record in those circumstances was not communication to the plaintiff, and did not establish the acceptance necessary for a contract. Madam Justice Newbury dissenting on the application of Rule 16.