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Applicant's Request for an Order During Proceedings (Form 10) Filed: Settlement Privilege
Event Narrative
At 3:52 PM Rod files a Form 10 Request for an Order During Proceedings (Rule 19) with a 4-page Schedule, Exhibits C-645 and C-797, and a Form 23 Statement of Delivery, by email to [email protected], copying Dirk Van de Kamer (Miller Thomson LLP). The Request asks that three sentences of Schedule A to Dare's July 6, 2026 Response (Schedule A p. 4), which disclose the April 2-10, 2026 without-prejudice settlement communications and the amount of an unaccepted proposal, be struck or, in the alternative, disregarded and not relied on. Grounds: common-law settlement privilege (Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35, paras. 31 and 34) and s. 15(2)(a) of the Statutory Powers Procedure Act. The April 10 proposal (C-762) and the reply thread (C-648) were withheld to preserve the privilege. Dare's Form 11 response is due 14 days after delivery (Rule 19.6). Sent-email record captured as C-820.
Supporting Evidence (4)
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Original Document
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Needs Original File
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Verify Status
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Email Exhibit C-820
Sent email: Form 10 Request for Order to HRTO Registrar, cc Van de Kamer, 2026-09-21 15:52
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Email Exhibit C-645
Applicant's WITHOUT PREJUDICE email of April 2, 2026
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Email Exhibit C-797
Tim Marko's WITHOUT PREJUDICE reply of April 6, 2026
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Legal Exhibit C-794
Dare Foods Limited Form 2 Response & Schedule A, 2026-07-06