What is the confidentiality of the information disclosed at a settlement conference?
Ontario, Canada
The following excerpt is from Rivest-Marier v. Emond, 2017 ONSC 5410 (CanLII):
The Family Law Rules contain specific provisions to maintain the confidentiality of the information disclosed at a settlement conference. The settlement conference briefs do not form part of the continuing record and are to be returned at the end of the conference to the parties. A judge who conducts a settlement conference shall not hear that issue. In Guy v. Tulloch, (2004) 131 A.C.W.S. (3d) 456, [2004] O.T.C. 454, Mackinnon J. stated at paragraph 8: In my view, the Family Law Rule 17(23) is clear authority against my being told of the settlement conference recommendations, even on the issue of costs.
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