RULESWATCH

March 18, 2009

LITIGATION PRIVILEGE SETTLED “ONCE AND FOR ALL”

Filed under: 1 — ruleswatch @ 5:35 am
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In Leslie et al. v. S & B Apartment Holding Ltd.2009 NSSC 57, Wright, J. has applied SCC jurisprudence to block a claim for privilege over fire investigation reports: “[13] The legal test for the determination of a claim for litigation privilege was recently solidified once and for all by the Supreme Court of Canada in Blank v. Canada (Minister of Justice), [2006] 2 S.C.R. 319. In that decision, the dominant purpose test was affirmed as being the standard most consistent with the notion that litigation privilege should be viewed as a limited exception to the principle of full disclosure and not as an equal partner of the broadly interpreted solicitor-client privilege. The dominant purpose test was said to be more compatible with the contemporary trend favouring increased disclosure.” The decision contains useful material reviewing the origin and rationale of the privilege and central Nova Scotia authorities on the point

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