CIVIL PROCEDURE - Settlements - Releases

Law360 Canada (June 29, 2023, 6:01 AM EDT) -- Appeal by appellant from motion judge’s order requiring him to execute standard form Full and Final Mutual Release. The appellant argued that the motion judge erred in ordering him to sign a standard form release containing no claims over clause. The litigation arose out of Minutes of Settlement signed by the appellant and the respondent and his wife. The Minutes of Settlement provided for the parties and the respondent's wife to enter into a Full and Final Mutual Release. The form and content of the release were not prescribed. The respondent brought a motion seeking, among others, that the form of release sent to the appellant’s counsel met the requirements of a Full and Final Mutual Release contemplated by the Minutes of Settlement. The appellant opposed the motion, asserting Rule 49 of the Rules of Civil Procedure, referred to in respondent’s notice of motion, was not applicable and the respondent was precluded from obtaining a release because a limitation period had expired. The motion judge concluded that, because the parties had not provided otherwise in their Minutes of Settlement, they should be required to sign a standard form release releasing all claims arising out of the subject matter of the Actions and containing a provision barring claims over....
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