Stamatopoulos
v. Harris 2014 Ont Div Ct
The difference between a Pierringer Agreement and a Mary Carter
Agreement is that, in the former, the parties contemplate that the
settling defendant will no longer be involved in the action and, in
the latter, the settling defendant will be. In this case, the
parties entered into a Mary Carter Agreement. As was required of
it, the plaintiff notified the other parties of the agreement.
However, the plaintiff refused to disclose the terms of the
agreement. The court held that the plaintiff had to disclose those
of the terms that changed the litigation landscape (e.g. how it was
that the settling defendant, who took one position in the
pleadings, now took a different position at trial). The facts of
this case differed from the Supreme Court of Canada decision in
Sable Offshore Energy v. Ameron International. That case
dealt with a Pierringer Agreement and the plaintiff voluntarily
disclosed all of the terms of the agreement, but
