Guy White

Following a trial decision permitting the defendant to set off amounts paid to assume a lease, the parties could not agree on the calculation of the judgment.

The plaintiff argued the set-off should be calculated on a declining balance basis and exclude tax input credits.

The court held the defendant was entitled to set off the entire lease obligation immediately, as it relieved the plaintiff of the full liability.

The court also rejected the tax argument, finding it was an improper attempt to introduce fresh evidence after trial.

The plaintiffs in a certified class proceeding alleging secondary market misrepresentation brought a motion for the production of documents from the defendant SNC, including a Negotiated Resolution Agreement between SNC and the World Bank regarding bribery allegations.

The court dismissed the motion, finding that the documents were protected by settlement privilege.

The court held that the World Bank's sanctions procedures constituted 'litigation' for the purposes of the privilege, that the communications were intended to be confidential, and that their purpose was to effect a settlement.

The court declined to create a public policy exception to the privilege and found no waiver of the privilege by SNC.