What is litigation privilege and what is the effect of litigation privilege on court-appointed and joint appointed experts?

British Columbia, Canada


The following excerpt is from Crowder v British Columbia (Attorney General), 2019 BCSC 1824 (CanLII):

Court-appointed and joint appointed experts also raise issues around litigation privilege. In Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52 at para. 63, Mr. Justice Gascon described litigation privilege as serving an overriding “public interest” to “ensure the efficacy of the adversarial process” by maintaining a “protected area to facilitate investigation and preparation of a case for trial by the adversarial advocate” thus promoting “access to justice” and the “quality of justice”.

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