Does an offer to discontinue without costs constitute a discharge of a claim?
British Columbia, Canada
The following excerpt is from Fieguth v. Acklands Ltd., 1989 CanLII 2744 (BC CA):
With respect, I agree entirely with the foregoing. The settlement of a claim implies an obligation to furnish a release, but an offer to discontinue without costs, even if accepted, does not constitute a discharge of a claim, there being a considerable difference between discontinuing an action and releasing or discharging a debt. Bradley v. Elford does not assist the plaintiff in this case, but confirms that the settlement of a claim implies an obligation to furnish a release.
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