Is Novagas entitled to a proportionate share settlement?
Alberta, Canada
The following excerpt is from Murphy Canada Exploration Company v. Novagas Canada Ltd, 2009 ABQB 455 (CanLII):
It is true that the situation here is different from the situation in Amoco v. Propak. Nevertheless, the result is the same. I am satisfied that the proper interpretation of the Settlement Agreement put before me is to create a proportionate share settlement. Only claims against Novagas for which Novagas is not entitled to contribution or indemnity from any of the Settling Defendants are being pursued, and could be recovered from Novagas. In other words, Novagas will only be liable for those damages it is not able to pass on to any of the Settling Defendants.
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