In a complex construction litigation, the third and fourth parties brought a motion for satisfaction of undertakings and refusals, seeking documents prior to the execution of a settlement agreement on December 7, 2021.
They argued the settling parties reached an 'agreement in principle' earlier and failed to immediately disclose it, fundamentally altering the litigation landscape.
The court dismissed the motion, finding the requested documents were protected by settlement privilege, litigation privilege, and solicitor-client privilege, and that the obligation to disclose applies only to concluded agreements, not ongoing negotiations.