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Login to watch this video if you have a subscription. Learn more about subscriptions.Disclosure of Partial Settlements: Urban Electrical Contractors v. Welland
This presentation examines partial settlement disclosure in multi-party litigation through the shift from the Handley Estate rule to the more precise framework reflected in 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352. It highlights Rule 49.14 of the Rules of Civil Procedure, the broadened disclosure obligation for partial settlement agreements, and the move away from an automatic stay as the sole remedy. The presentation emphasizes abuse of process as a flexible, contextual doctrine focused on fairness, prejudice, judicial discretion, and proportionality, while offering practical guidance that timely disclosure remains essential and stays are reserved for the clearest cases of serious prejudice.
Rule 7.08 Amendment: Approval of Settlement
This presentation reviews Rule 7.08 settlement approvals for parties under disability, including minors and mentally incapable individuals, and explains the court’s role in ensuring settlements are in their best interests. It highlights O. Reg. 50/25 amendments to Rules 7 and 49 of the Rules of Civil Procedure, including written approval motions, filing requirements, redaction procedures, fee review, litigation guardian materials, and related Rule 49.14 partial settlement disclosure obligations.
Tahwila Husaini practices insurance defence litigation at Shillington McCall, with a focus on municipal and public entity liability. Her practice also includes tort litigation, accident benefits matters, and advising on issues arising at the intersection of litigation, governance, and public decision-making on municipal files.
After completing her law degree at the University of Victoria and gaining experience with the British Columbia government’s Litigation, Legislation, and Policy Division, Tahwila returned to her hometown of London, Ontario to join Shillington McCall.
Sarah was born and raised in London, Ontario and has been a proud member of the London bar for her entire career, serving clients throughout Ontario. Sarah obtained her B.A. in Political Science and Philosophy from Western University in 2004, then obtained her LL.B. from the University of Manitoba in 2007. Sarah articled at a large general-practice firm in London. She was called to the bar in 2008 and then practiced for 13 years a well-respected boutique litigation firm in London before joining McKenzie Lake’s Personal Injury Group in June 2021.
Throughout her career, Sarah’s practice has focused on motor vehicle accident, occupier’s liability and disability claims. She has also represented numerous individuals in claims against their employers for wrongful or constructive dismissal, and often in claims where disability is an intersecting factor. For the first 9 years of her career, Sarah also acted for insurance companies, which helps her when making strategic and tactical decisions in advocating for individuals.
Sarah has been a member of several charitable boards and continues to support those causes that are near and dear to her heart, especially SARI Therapeutic Riding. She herself has been a horse person since childhood and had been an avid show jumping competitor for more than 20 years. More recently, Sarah and her husband dedicate most of their spare time to supporting the extracurricular pursuits of their 2 young children.
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*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.
