Does Pride have to be a party to the net settlement of the damages award?
Alberta, Canada
The following excerpt is from Pagnucco v. Sears Canada Inc., 2011 ABQB 810 (CanLII):
If Pride were a party, it (as a non-settling party) would be entitled to have the net settlement deducted from any damages award: Bedard v. Amin, 2010 ABCA 3. It is not yet clear that a non-party would be entitled to the same advantage.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a court award costs on an indemnity basis or solicitor-client basis rather than party-party basis? (Alberta, Canada)
Can a settlement be reached before the parties complete the settlement documentation? (Alberta, Canada)
Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
What is the legal test for damages for damage caused by a breach of the law by a party to a property? (Alberta, Canada)
Is a court bound by law to award costs in favour of the successful party against the unsuccessful party? (Alberta, Canada)
What is the range of damages awarded to an injured party for failing to mitigate their injuries? (Alberta, Canada)
Can a punitive damages award be reviewed on appeal? (Alberta, Canada)
What is the range of damages awarded by the Court of Appeal for a cardiac arrest? (Alberta, Canada)
What is the range of damages awarded to the wife for the increase in value of the properties owned by the husband before the marriage? (Alberta, Canada)
Does a wrongful act, neglect or default that would have entitled the injured party to maintain an action and recover damages? (Alberta, Canada)
