John P. Merrick

In a multi-party civil action concerning alleged paint failure and corrosion losses, the appellant entered into Pierringer Agreements with some defendants and disclosed all non-financial terms but withheld settlement amounts.

The non-settling defendants sought pre-trial disclosure of those amounts.

The Court held settlement privilege protects the content of successful settlement negotiations, including negotiated amounts, absent a demonstrated countervailing public interest that outweighs settlement policy.

The asserted litigation and tactical interests did not establish tangible prejudice sufficient to justify an exception.

The appeal was allowed and confidentiality of settlement amounts was maintained.

In an administrative law appeal, the appellant municipality challenged a referral decision by a provincial human rights commission to appoint a board of inquiry regarding alleged discriminatory school-funding arrangements affecting a minority-language school community.

The Court held that referral decisions at this preliminary screening stage are reviewable on reasonableness, with strong judicial restraint against premature intervention in ongoing administrative processes.

The Court clarified that older jurisdictional framing tied to preliminary questions should no longer govern this context.

Applying the proper standard, the commission had a reasonable basis in law and on the evidence to refer the novel and complex complaints for inquiry.