What is the test for privilege over a document?
New Brunswick, Canada
The following excerpt is from Euclide Cormier Plumbing and Heating Inc. et al. v. Canada Post Corporation et al., 2008 NBCA 54 (CanLII):
The appellants protest that privilege over a document means nothing unless the contents are also privileged and beyond discovery. I disagree for the reasons offered in Sacrey v. Berdan, at para. 12, and would add the following observations on point.
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