The Court Has Spoken: Confidentiality Provisions Matter

A recent Ontario arbitration decision¹ underscores that confidentiality clauses in minutes of settlement are enforceable – as are conditions requiring the repayment of settlement funds when those clauses are breached.

The facts

Jan Wong was a unionized reporter with The Globe and Mail who was terminated after an absence due to depression. Her union filed grievances arising from her termination and the alleged failure to pay her disability benefits.

As is often the case in arbitration proceedings, Ms. Wong's union and the newspaper agreed to mediate those grievances at the beginning of the arbitration. That mediation was successful and Ms. Wong's complaints were resolved between the parties. A memorandum of agreement (Memorandum) was signed containing the following important terms: