PRACTICE |
Discovery |
Production of Documents |
Almecon Industries Ltd. v. Anchortek Ltd.
T-992-92
Blanchard J.
6/12/00
7 pp.
Motion pursuant to Federal Court Rules, 1998, r. 227 for order to compel plaintiff to serve and file accurate and complete supplementary affidavit of documents in its possession, power or control, including draft versions of settlement agreement between plaintiff and Austin Powder Ltd. in other Federal Court case, related correspondence or other communications, internal memorandum or other notes, and draft versions of settlement agreement between plaintiff and Western Explosives Ltd., related correspondence or other communications, internal memorandum or other notes--Motion denied--Well established exclusionary rule or privilege applying to protect documents given and prepared by parties in negotiations leading to settlement--Privilege meant to encourage parties to resolve differences by communicating openly and without fear their statements would subsequently be used against them: Canadian Media Corp. v. Canada (1991), 48 F.T.R. 68 (F.C.T.D.)--While rule not operating to shield evidence of misrepresentation or dishonest dealing (Bertram v. Canada, [1996] 1 F.C. 756 (C.A.)), settlements herein not based upon misleading statement but based on two parties conducting hard negotiations and coming to mutually acceptable settlement agreements--Federal Court Rules, 1998, SOR/98-106, r. 227.