What is the effect of a Release that prohibits an action against a non-party to the Release?
Ontario, Canada
The following excerpt is from Radvar v. Canada (Attorney General), 2005 CanLII 45412 (ON SC):
This Release includes the usual provision that the releasor will not commence an action against a non-party to the Release in which a claim-over could be made against the releasee. This release does not exclude anyone from the ambit of this provision. It is well established that this term of the release is an effective bar to an action against that non-party. (Marble v. Saskatchewan[7]).
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