Releases Mean What They Say And "All Claims" Means All Claims

Releases Mean What They Say and "All Claims" Means All Claims

In its recent decision of Biancaniello v. DMCT LLP,¹  the Ontario Court of Appeal confirmed that a release for "any and all claims" arising from the provision of services included a claim unforeseen by either party.  The use of "boilerplate" language in the release did not negate its effect on existing claims unknown at the time the release was executed.

Background

Prinova Technolgies ("Prinova"), a consulting business offering advice on automation, hired accountants DMCT LLP ("DMCT").  From about 2006 to 2007, DMCT billed Prinova roughly $66,000 for work on three matters:

• applying for Scientific Research and Experimental Development ("SRED") tax credits;