Is a lawyer’s file note a business record?

Saskatchewan, Canada


The following excerpt is from Kopp v Halford, 2013 SKQB 128 (CanLII):

I do not read Smith J.A.’s comments in Metke v. Larson, supra to mean that all file notes prepared by a lawyer are excluded from the category of business records. The phrase used in s. 50(1) of the Act is “any record”. That phrase is defined in s. 49 of the Act to include “any information that is recorded or stored by means of any device or electronic means”, and there is nothing in the Act that suggests it should be interpreted other than in accordance with its plain meaning. There is no reason that a file note of a telephone call, as opposed to the minutes admitted in Setak or the police records admitted in L.(B.) cannot fall within that plain meaning.

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