The claimants brought a motion to compel a City witness to re-attend examinations for discovery to answer questions regarding a compensation policy and a jointly retained appraiser's report.
The claimants sought compensation for injurious affection allegedly caused by the City's adjacent landfill operation.
The Tribunal dismissed the motion, finding that the appraisal report and related communications were created for the purpose of settlement negotiations and were therefore inadmissible under the doctrine of settlement privilege pursuant to section 15(2)(a) of the Statutory Powers Procedure Act.
