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Court of Appeal Deducts Settlement Proceeds From Damages Awarded to Plaintiffs

03-Feb-10

By Joe Oppenheim, Insurance & Risk Management

In the recent case of Bedard v. Amin, 2010 ABCA 3, the Alberta Court of Appeal upheld a trial decision wherein damages awarded to a plaintiff as against a non-settling defendant must be reduced by an amount equal to settlement funds paid by a settling defendant. At trial, the fact that a settlement had been reached was disclosed to the trial judge, but the details of the settlement were withheld. On application by the remaining defendant, the trial judge ruled that the terms of settlement were relevant in determining the appropriate quantum of damages.

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