Does the phrase “without prejudice” in a letter by counsel that proposes settlement, without more than more, constitute an offer to settle?
British Columbia, Canada
The following excerpt is from M.S.G. v. S.K.R., 2015 BCSC 913 (CanLII):
As I noted in Henry v. Bennett, 2014 BCSC 1963, at para. 38, the phrase “without prejudice” in a letter by counsel that proposes settlement, without more, does not serve as proximate language for the express reservation mandated in the definition of an “offer to settle”.
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