What is the test for determining whether privileged information is privileged?

Nova Scotia, Canada


The following excerpt is from Brown v. Cape Breton (Regional Municipality), 2011 NSCA 32 (CanLII):

I also adopt the reasoning of A.C.J. Smith in Glegg v. Smith and Nephew Inc.[sic] (supra) that in light of my conclusion above it is unnecessary for me to answer whether the information sought is prima facie privileged.

Other Questions


What is the test for a review court to determine whether a tribunal’s decision is justified, transparent and intelligible? (Nova Scotia, Canada)
What is the test for determining whether a departing employee is a fiduciary? (Nova Scotia, Canada)
What is the test for determining whether a specific provision in provincial law should be applied? (Nova Scotia, Canada)
What factors will be considered in determining whether or not to disbursement of an expert’s report? (Nova Scotia, Canada)
What is the test for determining whether a hypothetical event is a real or substantial possibility? (Nova Scotia, Canada)
What is the test used to determine whether there is a disqualifying conflict of interest? (Nova Scotia, Canada)
Is there any case law supporting disclosure of privileged information? (Nova Scotia, Canada)
What is the test for determining whether a party can proceed with an application? (Nova Scotia, Canada)
Whether a judge is sitting alone or presiding with a jury in a civil matter, whether the judge is a single judge or a jury? (Nova Scotia, Canada)
What is the duty of fairness of the Court of Appeal in determining whether an individual has been denied entry to a refugee camp? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.