Case # 35008
Union Carbide Canada Inc., et al. v. Bombardier inc., et al. (December 11, 2013)
Disputes arose between the parties, both in Quebec and in the United States, regarding jet-ski gas tanks. Bombardier claimed that the tanks, supplied by Union Carbide, were unfit for normal use. A mediation agreement prepared by mediator Mendelsohn was signed on April 26, 2011. The agreement stated: “Nothing which transpires in the Mediation will be alleged, referred to or sought to be put into evidence in any proceeding. ” Bombardier’s lawyer accepted the offer of $7M that Union Carbide’s lawyer stressed that this was a global settlement. Bombardier stated that, on the contrary, it was limited to the Quebec dispute. Bombardier filed a motion in the Superior Court to homologate the transaction in the dispute. Bombardier filed a motion in the Superior Court to homologate the transaction in the dispute.