Case Report – Ontario court addresses scope of settlement privilege

17 Mar

On March 4th, the Ontario Superior Court of Justice dismissed a settlement privilege claim brought by a third-party to a breach of confidence and unjust enrichment suit.

Pepall J. considered the applicable jurisprudence and held that settlement privilege does not shield information that is sought for a purpose other than use as an admission against interest. Given the agreement in dispute was relevant to issues of custom, damages and the breach of confidence claim itself, she dismissed the third-party’s motion for protective relief without prejudice to its right to object to the agreement’s admissibility at trial.

Sabre Inc. v. International Air Transport Association, 2009 CanLII 9452 (ON S.C.).

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