Insights

Supreme Court Sets Common Law and Contractual Rules of Settlement Privilege and Confidentiality for Mediations

The confidentiality of the mediation room might be a little less absolute in the wake of recent Supreme Court of Canada decision. In Union Carbide Canada Inc. v. Bombardier Inc., the Court distinguished and explained the common law doctrine of settlement privilege as compared with contractual confidentiality agreements. This unanimous judgment written by Justice Wagner explains the difference between the two and under what circumstances the goings-on within a mediation must be disclosed. ..

Read More

Supreme Court sets Common Law and Contractual Rules of Settlement Privilege and Confidentiality for Mediations

The confidentiality of the mediation room might be a little less absolute in the wake of recent Supreme Court of Canada decision. In Union Carbide Canada Inc. v. Bombardier Inc., the Court distinguished and explained the common law doctrine of settlement privilege as compared with contractual confidentiality agreements. This unanimous judgment written by Justice Wagner explains the difference between the two and under what circumstances the goings-on within a mediation must be disclosed. ..

Read More

Boilerplate Arbitration Clauses: Not Foolproof

A recent Ontario Superior Court of Justice decision highlighted the need to draft arbitration clauses with precision in contractual agreements. In 2156775 Ontario Inc. v. Just Energy Ontario LP, the enforceability of an arbitration clause was in dispute. ..

Read More