Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 231 2. This element of confidentiality must be essential to the full and satisfactory maintenance of the relations between the parties. 3. The relation must be one which in the opinion of the community ought to be sedulously fostered. 4. The injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of the litigation.774 • Settlement privilege: a 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.775 The existence of the privilege is determined by a three-part test: 1. The existence or contemplation of a litigious dispute; 2. Communications that are made with the intention they remain confidential if negotiations failed; and 3. The purpose of the communications was to achieve a settlement.776 • Mediation privilege: is closely related to settlement privilege. Settlement relates, in the main, to discussions and negotiations leading up to the settlement of a dispute which culminate in a final settlement agreement. Mediation privilege, on the other hand, relates to steps taken to resolve a dispute, typically, outside a traditional court or other adjudicative process. Generally speaking, participation in mediation is voluntary, and this reality underlies the public policy rationale for maintaining confidentiality over mediation processes.777 • Statutory privilege: a legal privilege established by an act or by a regulation.778 774 CB, HK & RD v Canadian Union of Public Employees, Local No. 21, 2017 CanLII 68786 (SK LRB) at [40] to [42]. 775 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 201. 776 CB, HK & RD v Canadian Union of Public Employees, Local No. 21, 2017 CanLII 68786 (SK LRB) at [35]. 777 CB, HK & RD v Canadian Union of Public Employees, Local No. 21, 2017 CanLII 68786 (SK LRB) at [43]. See also SK OIPC Review Report 171-2019 at [110]. 778 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 201.
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