Can Rule 17 (23) of the Rules of Civil Procedure apply to parties to settlement discussions at a case conference?
Ontario, Canada
The following excerpt is from Benet v. Benet, 2009 CanLII 60665 (ON SC):
The scope of Rule 17 (23) was further considered by J.W. Scott J. in Bordynuik v. Bordynuik (2008) CanLII 39219 (ON S.C.). The court noted that it is common for the parties and the presiding judge to enter into settlement discussions at a case conference, during which judicial opinions or suggestions may be offered. It was noted that to open up what has been discussed at a later time would inhibit and negatively impact on the settlement discussions
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