23/05/14 – Jurisdiction Quebec
Part 24 published on 01/11/08
Earlier settlement did not prevent new claim respecting new defects
Part 24 published on 01/11/08
Earlier settlement did not prevent new claim respecting new defects
The syndicat brought a first action related to various building deficiencies. That action was settled and a release executed by the syndicat covering “all claims now or in the future in connection with any matters relating to the facts alleged” in the first action. The syndicat then brought a second claim with respect to other defects. The Court said that the settlement of the first claim did not prevent the second claim, particularly in light of the fact that the syndicat did not know about any of the defects in the second claim at the time of the settlement of the first claim.