Honeywell, Earle v Donald Stephenson and BCIC Insurance Company Limited

Application for rectification of contract - Alleged mistake when drafting third party release agreement - Whether the third party release agreement as executed between the claimant and 2nd defendant evinced the true and common intention of the parties - Whether common or unilateral mistake was made in the drafting and preparation of the agreement - Whether the court can exercise its equitable jurisdiction to rectify the instrument of agreement to reflect the true and common intention of the parties - Whether the agreement should be set aside - Whether the agreement as executed by the parties reflected an unconscionable bargain - Whether the claimant, who had received compensation for property damage only, may claim for personal injuries arising out of the same accident.