What is the value of knowing a global amount of a settlement?

Yukon, Canada


The following excerpt is from Ursich v. Wilson, 2004 YKSC 77 (CanLII):

Therefore, I accept the view of counsel for the plaintiff that the probative value of knowing a global amount of a settlement, or even knowing how a settlement is broken down amongst various heads of damages, is questionable. I am not persuaded that knowledge of the amount or amounts sheds any light on the subjective reasons for settling a previous matter. Thus, it would not assist in determining what the plaintiff would have recovered against the earlier defendants had the matter “been tried” the day before the second accident, as suggested in Long v. Thiessen. Rather, the onus is on the defendant to make that determination as best she can and deduct that amount from the global damages suggested for the current matter.

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