Is there privileged material in a settlement agreement?
Alberta, Canada
The following excerpt is from Lee v. Lepage, 2010 ABQB 444 (CanLII):
While there was an originally an application to enforce the settlement, it was ultimately concluded, other than the finalization of the charges for the reports in issue. Privilege is therefore not applicable to the documents comprising the settlement. However, it is applicable to the prior discussions and documents: Hansraj v. Ao 2002 ABQB 385, para. 13 et seq. Therefore the prior settlement discussions have not been considered in deciding this matter.
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