September 16, 2016
A B.C. Court of Appeal decision has stirred discussion on the issue of liability regarding engaging in settlement negotiations. Partner and leading litigator David Outerbridge provides his insight into the issue for a Lawyers Weekly article on the ruling.
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 triggered a provision in the two-year statute of limitations in B.C. and given the plaintiff more time to file a claim, explained David Outerbridge, a lawyer at Torys LLP.
“What struck me the most was that what seemed to me to be a fairly obvious without prejudice settlement discussion might ever be thought of as being an admission of liability,” Outerbridge said.
To download a PDF of the full article, click here.