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Difference between revisions of "Starting a Small Claim (20:V)"
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Starting a Small Claim (20:V) (view source)
Revision as of 20:50, 22 November 2022
, 20:50, 22 November 2022→B. Settlement Letter
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Because of the strong public interest in settlement, these bona fide settlement attempts are protected by settlement privilege. This means that, if the matter is not settled, any admissions during negotiations cannot be used against the party who made them ([https://decisions.civilresolutionbc.ca/crt/crtd/en/item/511807/index.do ''Boles v. Harrison'', 2021 BCCRT 906]). It is prudent to include the words “WITHOUT PREJUDICE” in correspondence involving bona fide attempts to settle to indicate that the party sending the document wishes to rely on settlement privilege; settlement privilege will still apply, however, even if “WITHOUT PREJUDICE” is not included. | Because of the strong public interest in settlement, these bona fide settlement attempts are protected by settlement privilege. This means that, if the matter is not settled, any admissions during negotiations cannot be used against the party who made them ([https://decisions.civilresolutionbc.ca/crt/crtd/en/item/511807/index.do ''Boles v. Harrison'', 2021 BCCRT 906]). It is prudent to include the words “WITHOUT PREJUDICE” in correspondence involving bona fide attempts to settle to indicate that the party sending the document wishes to rely on settlement privilege; settlement privilege will still apply, however, even if “WITHOUT PREJUDICE” is not included. | ||
Settlement letters should be brief, factual, and clearly state the amount claimed even if that amount exceeds $35,000. Settlement letters should | Settlement letters should be brief, factual, and clearly state the amount claimed even if that amount exceeds $35,000. Settlement letters should have a courteous tone as a letter that invokes a hostile reaction from the recipient will be counter-productive. A party writing a settlement letter should never threaten criminal or regulatory penalties; '''extortion is a criminal offence'''. If a settlement between the two parties is not successful, then you may consider drafting a notice of claim. | ||
== C. Identifying the Defendant(s) == | == C. Identifying the Defendant(s) == | ||
