Can parties in Ontario settle some claims in a lawsuit but not others?

Yes, parties in Ontario can settle some claims or issues in a lawsuit while leaving others to continue to trial. This is sometimes called a partial settlement or a settlement on certain issues. It is a useful tool when the parties agree on some aspects of their dispute but not all, and it can significantly narrow what actually goes to trial.

For example, in a contract dispute involving multiple claims, the parties might agree to settle the breach of contract claim but continue litigating a related misrepresentation claim. The settled claims are typically dismissed by consent, and the remaining claims proceed through the normal litigation process.

A partial settlement must be documented carefully so both parties understand exactly which claims are resolved and which remain alive. The release in a partial settlement should be drafted precisely to cover only the settled claims, leaving the remaining claims unaffected. Poorly worded partial releases can create new disputes about scope. It is good practice to have a lawyer draft or review any partial settlement document, particularly in multi-claim cases, to ensure that the release language does not accidentally extinguish a claim you still intend to pursue.