Does Rule 212(1) of the Rules of Civil Procedure apply to a claim of privilege where a document is withheld from production and inspection without objection?
Saskatchewan, Canada
The following excerpt is from C.S. v. Canada (Attorney General), 2000 SKCA 96 (CanLII):
Rule 212(1) does not differentiate between documents that are disclosed and available for production and inspection without objection and those for which claims to withhold production are made. That distinction is contained in Rule 212(2).[4] Thus, making a claim of privilege does not obviate the obligation to disclose the document. A litigant has an obligation to disclose all documents. See Burmah Oil v. Bank of England.[5]
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