What is the test for obtaining information in advance of litigation?

Nova Scotia, Canada


The following excerpt is from Saturley v. CIBC World Markets Inc., 2011 NSSC 310 (CanLII):

In more modern terms, the information must have been obtained with contemplated litigation in mind, it must have been obtained for the dominant purpose of receiving legal advice about the litigation or to aid the conduct of the litigation, and it must have been reasonable to have contemplated the litigation: Leslie v. S & B Apartment Holdings Ltd., 2009 NSSC 57 at para. 10.

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