Settling For It: Two New NS Decisions On Settlement Agreements And Releases

Introduction

It sounds simple: Two disputing parties, hoping to resolve their disagreement without drawn-out court proceedings, will mutually agree to a settlement on clear terms; release each other from all claims; and move on with their lives. 

But we know real life isn't that simple, and stumbling blocks often appear on the road to settlement. The parties might disagree about the terms of the alleged settlement, the details of the mutual release that follows, or both. What happens then?

Well, they end up in court after all.

Two recent Nova Scotia decisions canvass these issues, providing a welcome review of basic principles about settlements and releases. Both cases involved motions to enforce a settlement agreement under Nova Scotia Civil Procedure Rule 10.04.