What is the test for obtaining settlement privilege?

In Brown v. Cape Breton (Regional Municipality), 2011 NSCA 32 (N.S. C.A.), Bryson J.A. outlined the three conditions that must be met to attract settlement privilege: 30 It is generally accepted that there are three conditions that must be met to attract settlement privilege: (1) A litigious dispute must be in existence or in contemplation; (2) The communication must be made with the express or implied intention that it would not be disclosed to the court in the event that negotiations failed; (3) The purpose of communication must be to attempt to effect a settlement. (per Sopinka, at para. 14.322) Conclusion