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The court denied an extension of time to appeal a decision striking a breach of confidence claim based on a settlement email offering to withdraw criminal charges for money.
The applicant sought an extension of time to appeal a motion judge's decision striking her amended statement of claim without leave to amend.
The claim alleged breach of confidence arising from the disclosure of a settlement email to the Crown, which led to the withdrawal of criminal sexual assault charges against her former business partner.
The motion judge found the email contained unambiguous impropriety as it offered to withdraw criminal charges in exchange for money, was not protected by settlement privilege, and caused no compensable harm.
The Court of Appeal denied the extension of time, finding no merit to the proposed appeal and no reversible error in the motion judge's analysis.