The plaintiffs and two of the three defendants in a multi-party aviation negligence action entered into a Pierringer agreement.
The plaintiffs brought a motion to implement the agreement, seeking to amend their claim to proceed only against the non-settling defendant (NAV Canada) for its proportionate share of fault, and to dismiss all crossclaims and third-party claims.
NAV Canada did not oppose the dismissal but sought terms to preserve its discovery rights against the settling defendants.
The court held it had jurisdiction to dismiss the crossclaims as they would become untenable once the plaintiffs limited their claim.
The court granted the motion on terms designed to protect NAV Canada's procedural rights, including orders for the preservation of evidence and the ability to seek discovery from the settling defendants if necessary.
