Can the CN avoid deferral of assessment and waiver of privilege by conducting its own assessment?

CN further argues that the issues of deferral of assessment and waiver of privilege can be avoided if the trial judge conducts the assessment, relying on Edwards v. Bell, [2004] B.C.J. No. 891 (Q.L.), 2004 BCSC 399 (S.C.). In that case, the chambers judge awarded special costs to the defendants by reason of the plaintiff's misconduct in relying on unsatisfactory affidavits together with grand jury transcripts without advising the court as to the restrictions on their use. The special costs concerned those related to a one-day hearing. The chambers judge assessed the costs in order to avoid disclosure of privileged information that could be used by the plaintiff in another jurisdiction to the detriment of the defendants.