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ARTICLE · 11 JUNE 2025

Court Of Appeal Summaries (June 2-6, 2025)

Blaney McMurtry LLP
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Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 2, 2025.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 2, 2025.

In Cadieux v. Cadieux, the Court upheld the motion judge's decision to approve a Pierringer agreement between the plaintiffs and the City of Ottawa, which would result in the non-settling defendants being jointly and severally liable only to the degree of their collective fault for a motor vehicle accident. The Court affirmed that Pierringer agreements do not inherently prejudice non-settling defendants and emphasized that allowing proportionate reductions in liability due to potential co-tortfeasor insolvency would discourage the public interest in encouraging settlements and conflict with the Negligence Act's goal of making plaintiffs whole. The risk of one tortfeasor not being able to contribute their share of liability falls on the other jointly and severally liable tortfeasors who do have the ability to pay, not on the plaintiff.

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