What is settlement privilege and what is the test?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan BCS 4006 v Jameson House Ventures Ltd., 2017 BCSC 1988 (CanLII):
In order to successfully invoke settlement privilege, the party seeking the privilege must establish that a litigious dispute is in existence or within contemplation, and that the communications in question were for the purpose of attempting to effect a settlement of the litigious dispute: Sinclair v. Roy (1985), 1985 CanLII 559 (BC SC), 65 B.C.L.R. 219 at 222 (S.C.).
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