Can a settlement be relied upon by parties who are not parties to the settlement?

British Columbia, Canada


The following excerpt is from Sang v. Yick Sun Enterprises Ltd., 2021 BCCRT 194 (CanLII):

23. This principle can apply to settlements. In Daum v. Borsuk, 2020 BCSC 2013, the plaintiff had previously settled a court case with a former business partner about ownership of real estate. Then, the plaintiff brought a new court case against several other parties. The court found that the new parties could rely on the prior settlement even though they were not parties to it because the plaintiff and his former business partner intended it to be a final settlement of all claims about the real estate.

Other Questions


Can a party who improperly affixes a seal on a signed document rely on an unaltered copy of the same document later rely on another executed copy? (British Columbia, Canada)
Does a solicitor acting for a party in a settlement negotiation have authority to bind their client to a settlement? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Can a waiver that relies upon a party's waiver apply to that party? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What are some cases where a court has considered a party’s contributions to the calculation of the parties’ respective financial contributions in dividing the proceeds of sale? (British Columbia, Canada)
How have the courts in B.C. dealt with the issue of domestic disputes between the parties in a marriage settlement? (British Columbia, Canada)
What is the test for exclusion of a party while another party is giving evidence? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.