What is the current state of the law on disclosure of privileged documents?
British Columbia, Canada
The following excerpt is from Elms v. Laurentian Bank of Canada, 2002 BCSC 1726 (CanLII):
The real issue here is how the privileged documents (if they are privileged) may be used. I cannot compel counsel to disclose a privileged document. If this were a trial I would have to determine whether the document fell within the Hodgkinson v. Simms’ exception and decide whether to allow cross-examination on it even though it had not been disclosed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the law on disclosure of documents in the context of the Bylaw? (British Columbia, Canada)
What is the current state of the law in the United States in relation to disclosure to the Canadian authorities regarding Charter of Rights and Freedoms? (British Columbia, Canada)
Is there an implied waiver of privilege where a party waives privilege but takes a position in relation to privileged materials that is inconsistent with maintaining privilege? (British Columbia, Canada)
What is the current state of the law on privilege? (British Columbia, Canada)
What is the current state of the law with respect to the scope and scope of a document request? (British Columbia, Canada)
What is the current state of the law in England and Wales on discovery by interrogatories and discovery of documents? (British Columbia, Canada)
What is the current state of the law in relation to the production of relevant documents? (British Columbia, Canada)
Is there any case law where disclosure of settlement documents is privileged? (British Columbia, Canada)
What is the current state of the law on accessing privileged communications? (British Columbia, Canada)
What is the current state of the law on the execution of a sealed document? (British Columbia, Canada)
