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ARTICLE · 06 NOVEMBER 2021

Realtor's Full And Final Release Extended To Cover Brokerage

Gardiner Roberts LLP
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Litigation claims or the threat thereof are often settled by way of payment by one party to the other in exchange for a full and final release. A full and final release is a contract.

CanadaReal Estate and Construction
James R.G. Cook
James R.G. Cook
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Litigation claims or the threat thereof are often settled by way of payment by one party to the other in exchange for a full and final release. A full and final release is a contract. The scope and extent of the terms in the release are subject to the general principles of contractual interpretation. As with any contract, a party seeking to avoid the enforcement of any terms therein faces a steep hurdle to show that they should not be bound by any terms they have agreed to.

In Sharif v. Shaikh et al., 2021 ONSC 6834 (CanLII), the Ontario Superior Court of Justice addressed whether a full and final release was enforceable against parties who claimed that they did not understand what they had signed. In addition, the court addressed whether the release covered a corporation that had not signed it.

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