Can an without prejudice communication shield evidence of wrongdoing?
British Columbia, Canada
The following excerpt is from Payne v FansUnite Media Inc., 2017 BCSC 1987 (CanLII):
It is clear, however, that for without prejudice communications to shield their contents they must be bona fide offers of settlement. The without prejudice claim will not shield evidence of wrongdoing: See Bertram v. Canada, 1995 CanLII 3563 (FCA), [1996] 1 F.C. 756 (C.A.), paras. 19–28.
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