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The court held that post-collision MSP and Pharmanet records in counsel’s file were relevant, but their copies were protected by litigation privilege and not producible.
The court applied the O'Connor test to a request for Gina Houston's Ministry records, ordering only limited edited disclosure to the defence and withholding the rest.
The without prejudice demand letter is protected by solicitor-client privilege and need not be produced; the Department of Community Services file is relevant to the plaintiff's claimed past and future income and credibility and must be produced.
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