In a personal injury action, can a party who sent a letter suggesting a settlement be used as Exhibit K in an affidavit?
Alberta, Canada
The following excerpt is from Rushton v. Rushton, 2002 ABQB 1074 (CanLII):
At one point the Applicant wrote to the Respondent suggesting how their dispute could be resolved. This letter was marked “without prejudice”, but the Respondent attached it as Exhibit K to his affidavit. Communications in furtherance of settlement are privileged, and they should not be placed before the Court: Hansraj v. Ao, 2002 ABQB 385 (CanLII), [2002] 8 W.W.R. 725 (Alta. Q.B.). Parties are entitled to and are encouraged to make proposals for settlement, and such proposals should not be used against them in court. This letter is not properly on the record, and I have ignored it in coming to my conclusions.
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