Liz McLellan

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.

The plaintiff, Tiffany Longarini, sued four lawyers for breach of confidence after a settlement email she sent was disclosed to the Crown in a related criminal proceeding.

The court found that the email was not protected by settlement privilege due to its content and the context of its use, and that even if it were, disclosure was justified by the accused’s right to make full answer and defence.

The claim was struck without leave to amend.