Tapoohi v Lewenberg

The plaintiff, Tapoohi, sought consent orders in relation to a proceeding involving multiple defendants. The plaintiff agreed to dismiss her claims against some of the defendants, but the remaining defendants sought to intervene to prevent the dismissal from precluding any future claims for contribution against the defendants from whom the plaintiff had withdrawn her claims. The court had to decide whether the orders sought would prevent the remaining defendants from bringing contribution claims against the successful defendants. The court found that the orders would indeed prevent such claims if they were made, but granted the orders on the basis that the plaintiff was given leave to discontinue her claim and the successful defendants gave undertakings not to rely on the orders if contribution claims were made. The court considered the undertakings given by the successful defendants to be a sufficient safeguard to prevent the orders from having the effect of precluding contribution claims. The court made the orders sought by the plaintiff, subject to the conditions that the plaintiff be given leave to discontinue her claim and the successful defendants give the undertakings. The court found that these conditions were sufficient to protect the rights of the remaining defendants to bring contribution claims against the successful defendants. The orders were made accordingly.