Can the privilege over settlement communications be removed from an offer of communication?

It should be emphasized that in most cases even if the privilege over settlement communications can be removed somehow, the underlying communications are still largely irrelevant: see Pinder v. Sproule, supra. In most cases they amount to mere assertions by one party of the merits or fairness of that party’s position, and such opinions are irrelevant. To the extent that offers of communication contain admissions, those admissions are always conditional upon other portions of the overall settlement proposal, and such conditional admissions are of no relevance.