What is the test for an objection based on settlement privilege?
Alberta, Canada
The following excerpt is from PM & C Specialist Contractors Inc v Horton CBI Limited, 2015 ABQB 209 (CanLII):
This takes me finally to the objection based on settlement privilege. Once again there was no real dispute regarding the applicable law: Costello v. Calgary (City) 1997 ABCA 281, at para 91 at which a three-part test is set out, as follows: (a) A litigious dispute must be in existence or within contemplation; (b) The communication must be made with the express or implied intention that it would not be disclosed to the court in the event negotiations failed; and (c) The purpose of the communication must be to attempt to effect a settlement.
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