Useful Review Of Factors For Deciding Whether A Party Can Plead An Offer To Settle

Money Express POS Solutions Inc. made an offer to settle in its termination letter to Raheel Jiwan, which Jiwan then referred to in his pleadings in a wrongful dismissal suit. The employer moved to have references to the letter expunged, on the grounds they were protected by settlement privilege: Jiwan v Money Express POS Solutions Inc, 2012 ONSC 909.

Master Short of the Ontario Superior Court gives a useful review of the case law and the factors that will be considered in cases of this kind: (1) was the communication from the defendant? (yes, in this case); (2) was the plaintiff contemplating litigation? (yes, even though the offer to settle was in the same letter as the termination; neither came 'out of the blue' from the employee's...