Legal Blog

Release

Biancaniello v. DMCT LLP 2017 ONCA

General releases drafted in an exceptionally wide manner can release claims that neither of the parties ever contemplated at the time of the release. It all depends on the situation and the wording of the release. In general, if a release includes “all claims”, it means all claims. It does not have to say tort claims or breach of contract claims. They are included unless specifically excluded. Similarly, all claims include known and unknown claims. Accordingly, when a release between a client and an accountant released all claims arising from all services to a particular date, the release included negligence that neither of the parties contemplated at the time of the giving of the release, negligence that was discovered three years after the release was given.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.