31 December 2021

Association de mediation familiale du Quebec v. Bouvier

The Supreme Court of Canada released their Association de mediation familiale du Quebec v. Bouvier , 2021 SCC 54 decision on December 17, 2021. The SCC looked at whether there is an exception to the settlement privilege, allowing for the existence or scope of a settlement to be proven in the context of a family mediation in Quebec. The SCC has posted a Case in Brief summarizing the facts and main issue. 

Quebec has a unique set of rules related to how family mediation works in their province. Still, this decision has implications for all family law consensual dispute resolution professionals, as they consider the terms of any agreements made entering into a mediation regarding what may or may not be disclosed or relied on afterwards. 

The decision also highlights the usefulness of the terms in a Collaborative Process's Participation Agreement, which makes what information and documents may be disclosed at different stages of the process clear and what must happen before the parties can rely on any agreements made within the Collaborative Process.