Key Issues:

1. Disclosure of Partial Settlement: Appellants argued Kingdom’s settlement with certain defendants should have been immediately disclosed as it significantly altered the litigation landscape.
2. Abuse of Process: Appellants sought a permanent stay of action against them due to alleged failure to immediately disclose the settlement.

Background:

• Action: Kingdom sued several defendants for $1.2 million in costs due to a leaking piping system at a disinfection facility.
• Settlement: Reached with Catlin, York, and Durham, included a Pierringer Agreement and continued action against non-settling defendants by Catlin on behalf of Kingdom.

Procedural History:

• Motion for Summary Judgment: Repeatedly adjourned and never heard.
• Disclosure: Settlement disclosed to appellants 27 days post-agreement.

Lower Court Decision:

• Ruling: Motion judge dismissed the appellants' motion to stay, ruling the settlement did not significantly alter the litigation dynamics to necessitate immediate disclosure.

Appeal Decision:

• Review Standard: Deferential unless extricable legal error is found.
• Findings: Settlement did not significantly change litigation dynamics, and disclosure was adequate and timely.
• Outcome: Appeal dismissed, lower court decision upheld.
• Costs: Respondent awarded $15,000.