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Appeal decision highlights dangers of poorly drafted release

Thursday, July 06, 2017 @ 9:29 AM | By Janice Wright and Greg Temelini

When it comes to releases, the Ontario Court of Appeal has recently reminded litigators that precedents are dangerous and words do, in fact, matter.

On May 15, the Court of Appeal issued its decision in Biancaniello v. DMCT LLP 2017 ONCA 386. The key issue before the court was whether a broadly worded mutual release was sufficient to bar a claim that was unknown at the time.

In the underlying dispute, an accounting firm (DMCT LLP) sued its corporate client (Prinova Technologies Inc.) for non-payment of...