Does the doctrine of settlement privilege apply to an unconditional assertion of rights without any connection to negotiation?
British Columbia, Canada
The following excerpt is from Abdul-Ahad v Challa, 2021 BCSC 795 (CanLII):
Courts appear to have accepted that the types of communications covered by the settlement privilege require at least a hint of potential compromise or negotiation: see, for example, [Hansraj v. Ao, 2002 ABQB 385] at para 20. However, an unconditional assertion of rights without any connection to the possibility of settlement or negotiation do not fall within the scope of the rule: Buckinghamshire County Council v. Moran, [1990] 1 Ch 623, [1989] 3 All ER 225 (CA), cited in Hansraj at para 19. Communications of this type do not offer any potential for compromise, which is the interest the privilege is intended to protect.
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