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Settlement letter didn't imply liability, court of appeal rules

Thursday, August 25, 2016 @ 8:00 PM | By Jillian Kestler-D'Amours

A recent Court of Appeal of British Columbia ruling on whether settlement negotiations can be considered an acknowledgement of liability has reaffirmed the importance of labelling all settlement communications, according to experts in the field of civil litigation.

The central issue raised in Trombley v. Pannu 2016 BCCA 324 was whether an insurer investigating a slip and fall incident had admitted liability in letters sent to the plaintiff to discuss a settlement, even though these letters were marked “without prejudice.”

An acknowledgement of liability would have...