In this case, the plaintiff suffered injuries when she struck a pedestrian worker and his employer’s vehicle. The plaintiff and her husband sued the employer for damages respecting her injuries and the property damage to their vehicle. The pedestrian defendant subsequently sued the plaintiff for damages for his injuries. The defendant’s employer settled the plaintiff’s claim for personal injuries and property damage for $7,500 and required the plaintiff to execute a release. The release included standard, boilerplate language, including that the defendant employer was released from “…all demands and claims of any kind or nature whatsoever arising out of or relating to the accident which occurred on or about …”. Nearly five years later, the plaintiff’s insurer filed a defence to the defendant’s action and issued a third party notice to the defendant’s employer, seeking indemnity or contribution from the employer.

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