Can settlement privilege apply to a document used as evidence in a civil case?
British Columbia, Canada
The following excerpt is from Livingston v. I.M.W. Industries Ltd., 2015 BCSC 1627 (CanLII):
It is certainly arguable that the document and the communications related to it attract settlement privilege, but that privilege is subject to exceptions where “competing public interests” are at play. In particular, it has been held that privilege cannot be used to mislead the court as to the facts of the case and that admissions by a party in settlement correspondence which are inconsistent with other facts or evidence produced by that party to the court can be admitted into evidence as an exception to the privilege: Brown v. Brown, 2013 NBQB 438.
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