What is the test for obtaining privileged information from a party before trial?
Alberta, Canada
The following excerpt is from Cana Construction Co. Ltd. v. Calgary Centre for Performing Arts, 1986 ABCA 175 (CanLII):
Because the object of the Rule is to force pre-trial disclosure of vital information which is not privileged, the limiting factor in the Rule - that the person to be examined have some connection with the party as officer or employee -should be given a wide application. As was said by O’Halloran, J. in Bell v. Klein (No. 3), the test: … seems to be whether the person sought to be examined can be regarded as an officer or servant in any permissible sense if he is the one person connected with the company best informed of matters which may define and narrow the issues between the parties at the trial.
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