Use of phrase ‘without prejudice’ does not automatically make correspondence privileged: judge

By Ian Burns ( August 16, 2022, 4:12 PM EDT) -- A Federal Court judge has amended a statement of claim in a copyright infringement case launched by a Quebec-based food company. However, it added that the use of the phrase “without prejudice” in e-mail correspondence between two of the parties involved in the litigation may imply an intention that the communication would not be disclosed to the court in the event that negotiations between them failed, but does not automatically make the correspondence privileged....