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Civil procedure 2023 BCSC 2158

Stanford v. CPA Professional Liability Plan Inc. et al.

The court dismissed the plaintiff’s second action as an abuse of process, held claims against counsel were barred by absolute privilege, and refused a vexatious litigant order.

  • Rule 9-5(1) striking
  • Stay of proceedings
  • Absolute privilege for counsel
  • Duty to litigate in good faith
  • Collateral attack on orders
  • Special costs
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Civil procedure 2022 BCSC 2394

Chan v. Pham

The court ordered production of a third-party door-cam video, finding the defendants had not proven litigation privilege, while allowing the cover email to remain withheld.

  • Production of documents
  • Litigation privilege
  • Solicitor's brief privilege
  • Third party evidence
  • Costs of application
  • Litigation-privilege
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Litigation privilege 2022 BCSC 1710

Franco v. Nissan Canada Inc.

The court rejected a litigation privilege claim over an independent adjuster’s report and ordered production, finding insufficient evidence of reasonable prospect or dominant litigation purpose.

  • Litigation privilege test
  • Dominant purpose doctrine
  • Production of documents
  • Independent adjuster's report
  • Costs
  • Litigation-privilege
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Civil procedure 2022 BCCA 293

Long v. Red Branch Investments Limited

Appeal dismissed: the court refused production of the respondents’ solicitor’s file, finding no implied waiver of privilege and that litigation privilege continued.

  • Implied waiver of privilege
  • Duration of litigation privilege
  • Production of solicitor's file
  • Reopening judgment for fraud
  • Scope of disclosure
  • Solicitor-client-privilege
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Administrative law 2021 CHRT 29

Attaran v. Immigration, Refugees and Citizenship Canada

The Tribunal largely dismissed disclosure motions, but ordered an index and copies of foundational documents provided to expert Professor Haan. It rejected disclosure of his retainer and 2021 IRCC policy-change documents.

  • Disclosure
  • Expert evidence
  • Litigation privilege waiver
  • Levels plan
  • Cabinet privilege
  • Retainer agreements
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Civil procedure 2021 BCSC 1615

Munro v. Winton

The court held that disclosure of surveillance videos under Rule 12-5(10) waived privilege over related surveillance materials and required fuller document descriptions.

  • Waiver of privilege
  • Implied waiver
  • Surveillance evidence
  • Privilege particulars under rule 7-1
  • Rule 12-5(10) inspection requirement
  • Costs
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Civil procedure 2021 BCSC 283

Red Branch Investments Limited v. Long

The court dismissed Long’s application for production of privileged Royalty Action files, finding no implied waiver of solicitor-client privilege and that litigation privilege continued.

  • Solicitor-client privilege
  • Implied waiver of privilege
  • Litigation privilege survivability
  • Due diligence and discoverability
  • Setting aside judgment for fraud
  • Solicitor-client-privilege
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Evidence 2018 BCSC 968

Burns v. Hall

Master Wilson dismissed a privilege application, holding the disputed documents were not protected by solicitor-client privilege and, at most, were covered by expired litigation privilege.

  • Privilege over documents
  • Third-party communications
  • Expiry of litigation privilege
  • Waiver of privilege
  • Discovery and list of documents
  • Solicitor-client-privilege
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Criminal law 2017 BCSC 2111

R. v. Darling

The court dismissed an accused’s request to reconsider refusal to inspect Crown counsel’s interview notes, finding revised will-says and disclosed emails were sufficient.

  • Crown counsel notes
  • Will-say statements
  • Work product privilege
  • Disclosure of emails
  • Trial fairness
  • Criminal-disclosure
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Civil procedure 2017 BCSC 1090

HSL Investments Ltd. v. 1027023 B.C. Ltd.

The court dismissed an application to strike a contract claim after the plaintiff sued opposing experts in Small Claims Court. No wilful contempt or serious prejudice was proven.

  • Striking pleadings
  • Contempt
  • Witness immunity
  • Cross-examination of experts
  • Litigation privilege / implied undertaking
  • Costs
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.