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Court clarifies remedy for disclosure of litigation agreements between parties in lawsuit

Thursday, April 05, 2018 @ 12:06 PM | By Amanda Jerome

The Ontario Court of Appeal has allowed an appeal in a decision that reinforces the principles in Aecon Buildings v. Stephenson Engineering Limited 2010 ONCA 898 over disclosure of litigation agreements.

The appeal in Handley Estate v. DTE Industries Limited 2018 ONCA 324 sprung from an issue with a leaky oil tank and the litigation that followed. This led to the question of whether the failure to disclose an agreement among parties in a lawsuit, which changes their relationships into a co-operative one, should result in...