Webber v Boutilier, 2016 NSSC 5
The defendants successfully brought a motion to enforce a
settlement agreement in a personal injury action.
Background
Webber commenced two separate actions seeking damages arising
from a slip and fall accident and motor vehicle accident
respectively. Webber and the defendants from the two personal
injury actions participated in a joint settlement conference with a
view to resolving both claims.
Following a successful settlement, Boutilier and Dartmouth
Central Plumbing and Heating (the defendants in the motor vehicle
claim) forwarded a release, consent dismissal order, and settlement
funds to Webber's counsel. The release contained a
confidentiality clause, confirming that the terms of the settlement
were confidential and that Webber would be liable for repayment of
the settlement funds if she was found in violation of the
confidentiality clause. The release also contained a clause
that Webber would indemnify and save
