Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 290 and/or written evidence under oath or affirmation and produce any documents required. • Seek an order from the Court of King’s Bench for production of the records from the government institution. Settlement Privilege Settlement privilege is privilege that applies to the discussions leading up to a resolution of a dispute in the face of litigation. It promotes the settlement of lawsuits.999 The purpose of settlement privilege is to promote settlement by allowing parties to negotiate without fear that the concessions they offer, and the information they provide, will be used against them in subsequent proceedings.1000 The rule is that communications and documents exchanged by parties as they try to settle a dispute cannot be used in subsequent proceedings, whether or not a settlement is reached. The privilege applies not only to communications involving offers of settlement, but also to communications that are reasonably connected to the parties’ negotiations.1001 If settlement privilege is established, it belongs to both parties and cannot be unilaterally waived.1002 999 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 201. 1000 Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35 at [3] and [31]; Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37 at [12]. See also BC IPC Order F20-21 at [57]. 1001 Middelkamp v. Fraser Valley Real Estate Board, 1992 CanLII 4039 (BC CA) at [20]; Union Carbide, supra note 830 at [31]; Sable, supra note 830 at [2] and [17]; Bellatrix Exploration Ltd. v. Penn West Petroleum Ltd., 2013 ABCA 10 at [26] and BC IPC Order F20-21 at [57]. 1002 Reum Holdings Ltd. v. 0893178 B.C. Ltd., 2015 BCSC 2022 at [56], citing Sinclair v. Roy, 1985 CanLII 559 (BC SC) at 222. See also BC IPC Order F20-21 at [59].
RkJQdWJsaXNoZXIy MTgwMjYzOA==