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A 'no admission of liability' clause is an objectively standard term implied in a personal injury settlement release.
This case conference addressed a dispute arising from a settled personal injury claim where the plaintiff refused to sign a release containing a "no admission of liability" clause.
The settlement agreement was silent on the specific terms of the release.
The court found that, in the context of an insurance claim where liability was denied throughout, a "no admission of liability" clause is objectively implied by a settlement and is standard in the industry.
The plaintiff was therefore required to sign the release with the impugned clause.
No costs were awarded.
The court set aside a registrar's dismissal for delay, finding no actual prejudice to the defendants despite the plaintiff's unresponsiveness.
The plaintiff moved to set aside a registrar's order dismissing her action for delay.
The court granted the motion, finding a reasonable explanation for the delay, that the deadline was missed through inadvertence, and that the defendants would not suffer significant actual prejudice.
However, the plaintiff was ordered to pay costs to the defendants due to unresponsiveness and failure to promptly address the dismissal order.
