Background:

• Parties: Blackstone Paving and Construction Limited (Plaintiff) vs. Town of Newmarket (Defendant).
• Main Action: Blackstone sued Newmarket for non-payment related to the 2014 Srigley Street Road Reconstruction Project.
• Counterclaim by Newmarket: Alleged breach of contract, seeking damages and declarations against Blackstone.
• Third-Party Claim: Newmarket sought contribution and indemnity from R.V. Anderson Associates Limited (RVA).

Settlement of Third-Party Claim:

• In 2023, Newmarket and RVA settled with a release and a confidentiality clause.
• Blackstone contested non-disclosure of this settlement, arguing it constituted an abuse of process.

Legal Issues:

• Whether the settlement altered the litigation landscape, mandating disclosure under established jurisprudence.
• Relevant test: A disclosure obligation arises if the settlement changes the dynamics of the litigation (e.g., shifting adversarial relationships).

Court’s Findings:

• The settlement did not alter the adversarial dynamics between Blackstone, Newmarket, and RVA.
• Cooperation provisions in the settlement were procedural, ensuring witness attendance, and did not affect substantive litigation strategy or positions.
• The test for mandatory disclosure under the Aecon and Poirier cases was not met.

Outcome:

• Blackstone’s motion to stay the counterclaim was dismissed.
• Costs of the motion were reserved pending the trial outcome.