Former de facto spouses underwent Quebec family mediation, after which the mediator prepared a summary of mediated agreements; one spouse later denied the existence of any binding contract and objected to the summary being admitted in evidence.
The majority held that the settlement exception to settlement privilege recognised in Union Carbide applies in family mediation governed by the standard COAMF contract scheme, because the procedural safeguards inherent in the regime protect vulnerable parties without requiring absolute confidentiality.
The majority further clarified that the unsigned summary of mediated agreements is not itself a contract, but that parties may bind themselves by conduct or communications after mediation ends.
A concurring minority would have held that family mediation sessions are absolutely confidential and that the Union Carbide exception is incompatible with the Quebec family mediation regime, yet agreed the appeal should be dismissed given the limited record.
The appeal was unanimously dismissed with limited solicitor-client costs awarded against the appellant non-profit organisation.
