Does litigation privilege apply to third party opinions?
British Columbia, Canada
The following excerpt is from Grigor v. Johal, 2008 BCSC 1823 (CanLII):
Although there is an exception to the litigation privilege extended to third party opinions, the circumstances to which that exception apply do not exist in this case. Specifically, to fall within the exception, "the party seeking to examine the expert must demonstrate that he is unable to obtain the facts and opinions on the same subject by other means": Azuma Foods, at para. 138, quoting with approval Sinclair v. March, 2002 BCCA 65, 97 B.C.L.R. (3d) 17.
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