The Alliance reaffirms the Court`s commitment to promote transactions in multi-party litigation and provides the parties with other useful guidance on the Court`s jurisdiction to prohibit further litigation against the installation of defendants under a Pierringer agreement. Most importantly, however, the alliance appears to favour an approach that preserves the rights of the defendant by limiting the right of an inseminating defendant to an automatic investigation after settlement. As a result, the court made it easier for the defendants in Pierringer`s agreements to avoid litigation costs and costs. [6] This is due to the fact that the separation of liability effectively eliminates the basis for claims of contributions and compensation between the defendants and the non-deranged defendants. However, as explained below, the Pierringer agreement will not prevent an unsanitary defendant from making an independent claim against a Settling defendant in order to compensate the unthroned defendant for multiple liability. In the sand application, the applicant sued a number of defendants who had supplied and applied corrosive paint used in both their off-shore and terrestrial facilities, on the grounds that the paint could prevent corrosion. Sable entered into agreements with some of the defendants concerning Pierringer and attempted to pursue its action against the uns established defendants. The terms of these agreements were disclosed, with the exception of the quantum of the colony. The unweighted defendants requested disclosure of the comparative amounts. The judge found that the quantum of the billing was covered in a privileged manner by comparison and refused to order the disclosure. The Nova Scotia Court of Appeal disagreed and ordered the amounts disclosed.
The case law was contradictory as to the need for disclosure and, fortunately, the Supreme Court of Canada agreed to clarify the record. As mentioned above, a Pierringer agreement on damages actions in which a number of parties have been sued can be an effective tool to get your client out of litigation at an early stage.