What is the burden of persuasion for a party to justify its non-disclosure on the ground of privilege?
Ontario, Canada
The following excerpt is from O'Neill v. Canada (Attorney General), 2006 CanLII 586 (ON SC):
The respondent claims the “class privilege” of solicitor-client privilege and the “case-by-case” privilege of ongoing investigation. Regardless of the category of the privilege, the burden of persuasion falls on the respondent as the party claiming these privileges to justify its non-disclosure on the ground of privilege: Carey v. Ontario 1986 CanLII 7 (SCC), [1986] SCJ No. 74 at para.78.
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