Is Schedule D 4.1 a Schedule D4.1 Schedule A-level document privileged?

British Columbia, Canada


The following excerpt is from Gardner v. Viridis Energy Inc., 2013 BCSC 580 (CanLII):

Another factor I must bear in mind in this case is that some of the documents in Schedule D 4.1 may also be properly subject to a claim of solicitor-client privilege. In Anderson Creek Site Developing Limited v. Brovender, 2011 BCSC 474, the plaintiff applied for production by the defendant of a better list of privileged documents. The defendant had claimed privilege for over 600 documents. Each document was numbered and described either as "communication" or "document." For each document, the ground of privilege was set out either as "litigation" or "solicitor/client" or both. The list of documents contained no further information. The court held that the description in the list of documents was not sufficient to comply with the requirements of Rule 7-1(7). At para.113, the court observed that it was hard to know in a given case how much description Rule 7-1(7) requires without revealing privileged information and that the answer depends on the nature of the case and the nature of the document.

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