Can settlement privilege be established on a case-by-case analysis?

Carnwath J. further stated that the existence of settlement privilege must be established on a case-by-case analysis, applying the “Wigmore” test as described in Slavutych v. Baker, 1975 CanLII 5 (SCC), [1976] 1 S.C.R. 254 at 260: (1) The communications must originate in a confidence that they will not be disclosed. (2) The element of confidentiality must be essential to the maintenance of the relationship in which the communications arose. (3) The relationship must be one which, in the opinion of the community, ought to be 'sedulously fostered'. (4) The injury caused to the relationship by disclosure of the communications must be greater than the benefit gained for the correct disposal of the litigation.