What is the scope of a release in a settlement agreement?
British Columbia, Canada
The following excerpt is from Thomas v ByteDance Ltd., Tiktok Ltd., 2022 BCSC 297 (CanLII):
I agree with the objector that, when assessing a settlement, the court must direct its mind to the scope of the release that is proposed: Berg v. Canadian Hockey League, 2020 ONSC 6389, at paras. 52-53. Counsel for the Canadian defendants was frank that, without a release, the defendants would have wanted to proceed with their summary judgment motion, so as to avoid a proliferation of privacy-based claims to which it would have to respond. The release is an integral part of the deal reached between the parties.
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