Elaine Renneboog v. Variform Inc. and Randy Nicholls, 2009 HRTO 1264

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Elaine Renneboog

Applicant

-and-

Variform Inc. and Randy Nicholls

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: August 14,2009

Citation: 2009 HRTO 1264

Indexed as: Renneboog v. Variform

1This is an Application filed June 29, 2009 under section 53(5) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision deals with a Request for Order during Proceedings made by the respondents that a letter dated August 16, 2009 from Brian Daly, solicitor for the respondent, to Nancy Granger, solicitor for the applicant at the time, be struck from the record.

2The letter in question is in the nature of an offer to settle the human rights complaint underlying this Application and is clearly privileged. The applicant has objected to the Request.

3The applicant states that the privilege is hers to waive. I do not agree. The letter in question contains an offer to settle made by the respondents. It is on its face privileged, confidential and written on a without prejudice basis. The privilege that is attached to the letter is that of the respondents. It has not been waived. More generally settlement discussions are privileged. There are compelling reasons to protect the confidentiality of settlement discussions in order to encourage parties to engage in frank and fruitful efforts to resolve their disputes.

4The Request for Order is granted. The copies of the letters and the Request for Order have been sealed and will not be put before the Member presiding at the hearing should the parties be unable to resolve their dispute at mediation. The respondent also requested an Order that the applicant re-file her Application deleting all references to the letter above. I have reviewed the Application and find that this Order is not required. The only reference to the letter is just that; a reference entirely devoid of content.