Is there any evidence that HCBI has shown there is at least at least a hint of potential compromise or negotiation?

Alberta, Canada


The following excerpt is from PM & C Specialist Contractors Inc v Horton CBI Limited, 2015 ABQB 209 (CanLII):

Without some such evidence in the application before me I am unable to conclude that HCBI has shown there is “at least a hint of potential compromise or negotiation”, as mentioned at para 24 in Bellatrix, citing Hansraj v. Ao, 2002 ABQB 385 at para 20, rev’d on other grounds 2004 ABCA 223. The court in Bellatrix goes on to say: However, an unconditional assertion of rights without any connection to the possibility of settlement or negotiation does not fall within the scope of the [litigation privilege] rule. (at para 24)

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