What is the meaning of the Release in the context of the Settlement?
Ontario, Canada
The following excerpt is from Companies' Creditors Arrangement Act (ON), Re, 2006 CanLII 32429 (ON SC):
However, the Release must be interpreted within the context of the deal that constituted the Settlement and “[t]he general words in a release are limited always to that thing or those things which were specially in the contemplation of the parties at the time when the release was given.” See The Directors, &C., of the London and South Western Railway Company and George Clement v. Richard Doddridge Blackmore (1869-1870), L.R. 4 H.L. 610 at 623-624, per Lord Westbury.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a release be binding on a person of unsound mind even if they did not understand the meaning of the release? (Ontario, Canada)
Does a settlement with an oil company that has previously been denied certification to the Court of Appeal preclude certification being granted in the context of a settlement? (Ontario, Canada)
Does a finding that a settlement was an improvident settlement under section 267.8 of the Rules of Civil Procedure apply to a plaintiff who signed a release with her accident benefits provider? (Ontario, Canada)
Does a plantiff's failure to communicate his acceptance of the Minutes of Settlement and Release in question breach the terms of a settlement agreement? (Ontario, Canada)
In the context of the Divorce Act, what are some cases where the Court of Appeal has considered the meaning of notice in a family law context? (Ontario, Canada)
Does a release clause in a release agreement apply to a beneficiary of a RRSP and life insurance policy? (Ontario, Canada)
Does unconscionability in the matrimonial context apply to the commercial context? (Ontario, Canada)
What is the test for a party to be released from a mental health release? (Ontario, Canada)
What is the test for "unlawful means" in the context of a claim for damages arising out of a breach of contract? (Ontario, Canada)
What constitutes “other fraudulent means” in the context of corporate fraud? (Ontario, Canada)
