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  • #16
    Lately he puts the words " without prejudice" in the subject line.
    He's trying to be sneaky...

    Without Prejudice: is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts without prejudice on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked without prejudice cannot be used in evidence in court proceedings if the attempts at settlement fail.

    I would recommend you forward the latest info to the lawyer, and then send the ex an email back, stating something along the following:

    "Please direct any correspondence regarding the current matters under negotiation to my attorney at XXXXXXXXXX. and restrict communications between us to only matters surrounding the children until such time as a final order has been agreed upon.

    Also please be advised that I have added "without prejudice" to my email filters, so any further emails marked as such will be automatically deleted"

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    • #17
      NBdad

      Thanks, I know what "without prejudice" means, I just don't know why he is using it. Can his e-mails be excluded from court proceedings, or is that just the communication between lawyers?

      I like your suggestion to have his e-mails filtered out and deleted. That e-mail I can send him.

      Thanks

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      • #18
        In your shoes...

        If that is where you are at, I would not look at removing the clause. I would forward copies of the email(s) to my counsel with a request that s/he send the following to opposing counsel;

        Dear His Lawyer's Name,

        On two prior occasions, your client has been instructed to communicate through counsel only as settlement is negotiated. My client received email(s) (attached) on these dates, (list dates), subsequent to this request.

        My client feels this is harassment and coercion, and will no longer be negotiating settlement unless these harassing emails are stopped. My client's next step if they continue will be to contact local police to file a formal complaint.

        I would appreciate your assistance in ensuring this matter can be negotiated to settlement in a timely manner, and to ensure my client suffers no further harassment.

        Regards,

        Your Lawyer's Name

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        • #19
          In an e-mail I sent my lawyer earlier this week I refered to something my STBX sent in an e-mail. I have now received an e-mail my lawyer sent my ex's lawyer about the timing of the latest offer. At the end of the e-mail, my lawyer says, "I have reviewed email my client received directly from your client in the past, the tenor of which I can only describe as menacing, describing the dire consequences of proceeding to court. Emails of this nature are counterproductive and I request that your client direct all communications in respect of the parties’ dispute through counsel."

          I didn't request that he do this, but hopefully this will make the ex stop.

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          • #20
            It ought to...his lawyer will let him know that judges don't look fondly on it, and you could push for more and win costs!

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            • #21
              My ex likes to inform me of what judges don't like, but oddly he doesn't include his own behavior.

              Thanks for the sample letter I will use that if I need to.

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              • #22
                He's trying to give himself an out on her doing that by including the without prejudice bit. He's using it in the wrong context. I suspect he's including it there in the mistaken belief that it'll prevent it from being used as evidence in a courtroom setting.

                Hence why I recommended she tell him she is going to "filter" those words and auto delete anything containing them.

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                • #23
                  I would filter and auto-delete as well! But they can be used against him in court...regardless of the subject heading.

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                  • #24
                    Originally posted by frustratedwithex View Post
                    Thanks for the sample letter I will use that if I need to.
                    Your lawyer will have a standard one...but that is the idea...

                    Comment


                    • #25
                      So even though he use "without prejudice", it basically doesn't mean a thing. I can introduce them in court if I want to? Huh!

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                      • #26
                        When I receive emails from my exs that she demands things, or is telling me how to do things, I just reply with "thank you for your email" Or "thank you for your email, however it is inaccurate."

                        What this does is shows you are communicating, and that you will not be engaged in an email war.

                        This works very well, and has stopped the harassing emails, and leave her with nothing to go to court to show me in a bad light with.

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                        • #27
                          Yes, you can...let me find you the information....

                          Comment


                          • #28
                            but I am pretty sure that it can only be introduced after a statement/claim of harassment or coercion...that is what I am researching...I could be wrong, and do not want to give the wrong info...

                            Comment


                            • #29
                              You can enter emails as an exhibit if it suits the application. My advise is to keep every email between the parties, because you never know when you will need to show prior history.

                              My last affidavit in reply to my ex used 3 separate emails that she sent me one for each of the past 3 years. These emails clearly contradicted her claim in her affidavit, and proved that she lies in her affidavits.

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                              • #30
                                First case...

                                http://www.canlii.org/eliisa/highlight.do?text=settlement%2C+coercion%2C+%22wit hout+prejudice%22%2C+harassment&language=en&search Title=Search+all+CanLII+Databases&path=/en/bc/bcsc/doc/2009/2009bcsc144/2009bcsc144.html

                                Substantive, in that it is a provincial Supreme court ruling...but I am still looking...

                                Comment

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