Supershield had denied that the transaction (nearly 50% of the claims against Siemens) was appropriate; it did not adequately reflect the power of the defence facilities available to Siemens. Supershield argued that the effective cause of water escaping out of the refueling room was sewer constipation. If the overflow of the reservoir was a partial cause, the water leak was too far away for Siemens to be responsible. “I am not proposing to determine the validity of a Mary Carter Agreement in Ontario, as the very validity of the agreement between its parties was not at issue. However, if such an agreement is reached, it should be disclosed to counsel for all parties and to the court before trial. In essence, it is a settlement or a compromise if the parties reach a binding agreement to settle a dispute – they agree on their differences. Like any other agreement, it can be concluded orally and does not necessarily need to be documented, although it is preferable to ensure that it is recorded in writing in order to avoid satellite disputes over settlement terms. There are three main avenues for formally ending litigation following a transaction: Slaughters and other proceedings have been initiated against the main contractor and claims have been filed in the chain of contract, against Siemens, which had been contracted for the supply and installation of the sprinkler system, and against Siemens against its subcontractor Supershield, which had been responsible for installing the system. Following mediation visited by all parties, Siemens resigned itself to the parties in the contract chain, but not to Supershield, against whom the amount of the transaction was requested from Siemens one.
If you think about either a Mary Carter agreement or a Pierringer agreement, there are some issues that should be considered. The main issues are: (1) the correct disclosure of the agreement; 2) procedural safeguards to avoid harm to defendants who are not implicated; (3) maintenance and maintenance; (4) costs; and (5) protection limits.