Hermitage-Kilkenny v Morris, 2013 NBQB 407
Hermitage-Kilkenny and the defendants were involved in a motor vehicle accident in 2010. Hermitage-Kilkenny was involved in two prior motor vehicle accidents, one in 2004 and one in 2006. For both of these two prior accidents she commenced actions and settled amicably prior to any trial. Settlement amounts in both actions consisted of global lump sum amounts and were not apportioned between any specific heads of damages. Hermitage-Kilkenny refused to respond to discovery questions pertaining to the settlements in the two prior actions citing settlement privilege.
