Can Class counsel request that their time records be produced to support their claim that they are privileged?
British Columbia, Canada
The following excerpt is from Murphy v. Mutual of Omaha, 2000 BCSC 1510 (CanLII):
Class counsel takes the view their time records are privileged and production would reveal matters of confidence in the conduct of the action. I take from observations of Brenner C.J. in Belva E. McDaniel and Haney Ironworks v. Manulife, supra, that counsel at Poyner Baxter did not habitually record time and had therefore attempted to reconstruct what their time records might have shown.
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