Can a letter that is marked "without prejudice" containing a proposal for settlement be considered an acknowledgment of the cause of action?
British Columbia, Canada
The following excerpt is from Canada (Attorney General of) v. Forsberg, 1996 CanLII 562 (BC SC):
The Attorney General cites Crawford v. Roset (1992), 71 B.C.L.R. (2d) 90 where a letter that was marked "without prejudice" containing an invitation of a proposal for settlement was held to be an acknowledgment of the cause of action, but, in that case, the admissibility of the letter was not contested. The issue was only whether the contents of the letter amounted to an acknowledgment and hence a confirmation.
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