Whenever we do a mediation or a collaborative settlement conference we always state that any discussions which occur during the meetings are without privilege which means they are confidential.  Any information which is discussed cannot be used by one party to the detriment of another party in a later court proceeding.

The Supreme Court of Canada recently discussed this issue in a decision in Union Carbide Canada Inc. v. Bombardier Inc.  J.P. Boyd analyzed this case in his May 25, 2014 blog “Supreme Court of Canada Issues Important Judgment on Mediation, Settlements and Confidentiality” and discussed the exceptions to the confidentiality rule.