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ARTICLE · 21 JUNE 2023

How Should A Court Settle The Terms Of A Release In Contentious Settlements?

Haider v Rizvi concerns parties involved in litigation that arose out of their Minutes of Settlement. Two outstanding elements of the settlement remained: the exchange of a full and final mutual...

CanadaReal Estate and Construction

Haider v Rizvi highlights the Court's role in resolving disagreements when parties fail to agree on the terms of a release following a settlement. In this case, the Court determined the contents of a full and final mutual release. It emphasized the importance of not simply imposing a standard form release, but instead determining the contents of the release in light of the objective intentions of the parties based on their settlement.

Haider v Rizvi concerns parties involved in litigation that arose out of their Minutes of Settlement. Two outstanding elements of the settlement remained: the exchange of a full and final mutual release and the consent dismissal of the actions. Disputes arose when the parties failed to agree on the specific terms of the release.

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