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ARTICLE · 07 OCTOBER 2015

Alberta Judges Can Refer To Informal Settlement Offers

McLennan Ross LLP
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Alberta Courts may continue to take into account informal settlement offers made "without prejudice" and not in compliance with the Alberta Rules of Court ("Rules")...

CanadaLitigation, Mediation & Arbitration
James Flanagan
James Flanagan
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This article originally appeared in the September 11, 2015 issue of The Lawyers Weekly.

Alberta Courts may continue to take into account informal settlement offers made "without prejudice" and not in compliance with the Alberta Rules of Court ("Rules") when determining costs awards thanks to a recent Alberta Court of Appeal decision.

Chisholm v Lindsay, 2012 ABQB 81 ("Chisholm") was a personal injury action, decided in February 2012. The plaintiff was eating lunch in a stationary vehicle without her seatbelt on when her vehicle was forcefully re-ended by the defendant's vehicle. The plaintiff suffered multiple injuries including a mild traumatic brain injury, cognitive difficulties, fatigue, chronic pain and partial post-traumatic stress disorder. Liability was not in dispute.

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