Proportionate Share Settlement Agreements: Benefits, Practical Considerations, and Risks 

Presented by the CBA Alberta Civil Litigation (North) Section

On Demand. Originally presented on Mar. 3, 2026.

Proportionate share settlement agreements, including Pierringer Agreements and Mary Carter Agreements, are partial settlement agreements in multi-party litigation that allow a plaintiff to resolve its claim against one or more of the defendants while continuing litigation against the non-settling defendant. These are strategically useful agreements that, if drafted appropriately, allow a plaintiff to effectively hedge its risks at trial by guaranteeing up front payment from at least one of the defendants and, in many cases, securing the assistance of the settling defendant in pursuing damages from the non-settling defendant. However, these agreements are also subject to increasingly strict disclosure and court approval requirements, with significant consequences for non-compliance. This presentation will address the different types of proportionate share settlement agreements, notable features commonly incorporated into these agreements and the risks that counsel should be aware of when litigating a case that involves a proportionate share settlement agreement.

PRESENTERS

Tom Wagner (Partner, Blake, Cassels & Graydon LLP)
Connor Vaandering (Associate, Blake, Cassels & Graydon LLP)
Rachael Tu (Associate, Blake, Cassels & Graydon LLP)

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