August 14, 2014

Lexpert Magazine - Big Deals - Union Carbide v. Bombardier Inc.

William McDowell, Jon Laxer and Katie Petney, counsel to the intervenor in Union Carbide v. Bombardier Inc. were mentioned in Lexpert Magazine's July 2014 issue.

The Supreme Court of Canada (SCC) (2014 SCC 35) considered the interaction between the common law privilege that protects settlement discussions and private agreements that provide for confidentiality of the mediation process. Specifically, the SCC considered whether a mediation agreement stipulating the confidentiality of anything said or written during a mediation displaces the recognized exception to the privilege that allows parties to prove that a settlement occurred...