In what circumstances will the court order disclosure of a solicitor's file in a personal injury action?

British Columbia, Canada


The following excerpt is from Mayer v. Osborne Contracting Ltd., 2010 BCSC 1881 (CanLII):

In Murao v. Blackcomb Skiing Enterprises Ltd. Partnership, 2003 BCSC 558, which involved a claim for damages arising from a snowboarding accident, the plaintiff's solicitor swore an affidavit in which he set out statements that the plaintiff made to him describing an accident. The description in the affidavit was not consistent with the plaintiff's version of events. The defendants brought an application for disclosure of the solicitor's file. Madam Justice Sinclair Prowse allowed the application, although she limited disclosure to those communications or parts that were pertinent to the matters raised in the affidavit.

A party seeking derivative relief bears the onus to show positively that the application is brought in good faith: Bennett v. Rudek, 2008 BCSC 1278. The issue is fact specific.

Other Questions


In what circumstances will the BC Supreme Court of Canada consider a motion for personal injury in a personal injury case? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
In a personal injury action, how have the courts in BC considered disclosure rules regarding the disclosure of non-litigant lay witnesses? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
In a personal injury action, has the court ever awarded special costs for non-disclosure of documents? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
In a personal injury case, in what circumstances will the court order that common sense be considered as a factor in determining future care costs? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.