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A settlement offer marked 'With Prejudice' remains subject to settlement privilege and is inadmissible at trial.
During a trial regarding a commercial lease dispute, the plaintiff sought to introduce a 'With Prejudice' settlement offer it had previously served on the defendant.
The defendant objected to its admission on the basis of settlement privilege.
The court applied the three-part test for settlement privilege and held that the label 'With Prejudice' does not change the character of a communication made in furtherance of settlement.
The court ruled the offer was privileged and inadmissible under Rule 49.06 of the Rules of Civil Procedure.
The court partially granted a document production motion, largely upholding the municipality's privilege claims.
The plaintiff, Canadian Flight Academy Ltd. (CFA), brought a motion seeking production of documents and answers to refusals from the City of Oshawa in a dispute over a lease extension at the Oshawa Executive Airport.
The motion addressed three main areas: airport noise complaints, land parcel "Part 42" usage, and a proposed land sale.
A significant portion of the ruling focused on the City's claims of solicitor-client and litigation privilege over various emails and "closed reports." The court applied principles of relevance, proportionality, and third-party privacy, and conducted a detailed, document-by-document analysis of privilege claims, granting some production requests while upholding many of the City's privilege assertions.
