This motion involved cross-applications concerning pleadings amendments and disclosure of settlement minutes in a professional negligence action against a solicitor.
The plaintiffs sought to amend their statement of claim to limit damages to the defendant's proportionate share of fault.
The defendant sought production of confidential settlement minutes from related estate litigation, arguing their relevance to damages and the ability to defend the claim, and also sought leave to add third parties and amend his statement of defence.
The court granted the plaintiffs' motion to amend their claim.
Crucially, the court ordered the disclosure of the settlement minutes, finding them relevant to the assessment of damages and that the public interest in a fair trial and preventing overcompensation outweighed the interest in settlement confidentiality, especially given the confidentiality clause allowed disclosure by court order.
The court also granted the defendant leave to amend his statement of defence.
