What is the test for establishing that a party has agreed to something on an without prejudice basis?
Ontario, Canada
The following excerpt is from Phillips v. Phillips, 2019 ONSC 4568 (CanLII):
The father also relies on Musheyev v. Gilkarat, 2016 ONSC 4120 in which the court held that a court cannot draw an adverse inference against a party for having agreed to something on a without prejudice basis and that requiring proof of a material change may be such an adverse inference (see paras 19 and 20).
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