New Generation Settlement Agreements in Nova ScotiaJanuary 3rd, 2013
FiledJanuary 3rd, 2013In Amoco Canada Petroleum Company Limited v. Propak Systems Ltd1., the Alberta Court of Appeal coined the phrase "a new generation of settlement agreements" to refer to settlement agreements that do not achieve a "final resolution" of all outstanding issues between all parties to a lawsuit"; but instead achieve "a more limited objective ... to manage proactively the risk associated with litigation". The court comments that, through using "such exotically named species as the Mary Carter Agreement and the Pierringer Agreement"; parties can settle "issues of liability between some but not all of the parties, thereby reducing the number of issues in dispute, simplifying the action, and expediting the suit".