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 a personal injury case, in what circumstances will the court order the division of shares in a company or interest in a trust? (British Columbia, Canada)
What is the result of an application for disclosure of the solicitor's file in a personal injury case? (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)
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 Court of Appeal order an increase in costs for a plaintiff in a personal injury case? (British Columbia, Canada)
What is the test for Rule 57(15) of the BC Court of Appeal to order costs to be incurred in a personal injury action? (British Columbia, Canada)
When will a court order the exclusion of all assets in a personal injury action? (British Columbia, Canada)
In a personal injury action, in what circumstances will the court leave a plaintiff liable for damages for long periods of pain? (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 what circumstances will the BC Supreme Court of Canada consider a motion for personal injury in a personal injury case? (British Columbia, Canada)

There are no other similar questions at this time.