Does referring to settlement offers or discussions constitute scandalous, frivolous or vexatious?
Ontario, Canada
The following excerpt is from Renzone v. Onyx Homes Inc., 2020 ONSC 7722 (CanLII):
It is settled law that referring to settlement offers or discussions, which are thus subject to “settlement privilege”, may well be considered scandalous, frivolous or vexatious, leading to that part of the pleading being struck given that such communications are inadmissible. See, in that regard, 2030945 Ontario Ltd v. Markham Village Shoppes Ltd 2013 ONSC 1020 at para. 8.
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