Union Carbide Canada Inc & Dow Chemical Canada Inc -v- Bombadier Inc and Others and the Attorney General of British Columbia - Supreme Court of Canada - 2014 SCC 35
Privilege - without prejudice negotiations - Canadian law - can a Canadian court look at negotiations in a mediation to see whether there was a concluded settlement? Common law privilege can be excluded by clear drafting in the mediation agreement. For a discussion, please download Mediation Update June 2014 >>
Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.