This motion concerned a personal injury action where the plaintiff entered into a "Pierrenger Agreement" with one defendant (Artistic Landscape Designs Limited), settling the claim against them.
The plaintiff sought to amend the statement of claim to remove the settling defendant and limit the claim against the non-settling defendant (Suzan Fergus) to her direct and several share of liability.
The non-settling defendant initially resisted, seeking clarity on the implications for cross-claims and apportionment of fault.
The court granted the motion to amend the claim and dismiss both cross-claims, clarifying that the trial judge must still apportion fault among all original parties.
The plaintiff's request for costs against the non-settling defendant was denied, as the defendant's initial resistance was deemed reasonable.
