Does settlement privilege apply to communications between two parties?
Canada (Federal), Canada
The following excerpt is from B. J. v Minister of Employment and Social Development, 2017 CanLII 98605 (SST):
Settlement privilege belongs to both parties and cannot be unilaterally waived or overridden. However, if there is a dispute over whether a binding settlement was made, or the interpretation of the settlement, then privilege may be lost on the basis the communications are relevant to establishing the existence of the agreement or as an aid in its interpretation (Comrie v. Comrie (2001 SKCA).
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