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Family law 2025 BCSC 1207

Sawyer v. Sawyer

In this family law interim application, the court imputed the respondent’s income at $202,130, ordered retroactive child support arrears, granted a limited interim property distribution, and declined compelled privilege disclosure.

  • Child support imputation
  • Interim distribution of family property (s.89 fla)
  • Waiver of solicitor-client privilege
  • Discovery objections (r.9-2(21))
  • Fines and penalties for non-compliance (s.230 fla)
  • Spousal support (deferred to trial)
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Civil procedure 2024 BCSC 2302

Thomson v. A.R. Thomson Group

The court dismissed a disclosure application, holding the plaintiff had not impliedly waived solicitor-client privilege over former counsel’s file.

  • Waiver of solicitor-client privilege
  • Implied waiver
  • Document production
  • Examination for discovery
  • Abuse of process
  • Solicitor-client-privilege
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Estates and succession 2024 BCSC 2122

Nasely King (Re)

The court declined to review unredacted legal accounts for special costs where privilege was asserted, leaving the claimant to waive privilege or defer assessment.

  • Special costs
  • Assessment of legal accounts
  • Waiver of solicitor-client privilege
  • Deferment of costs assessment
  • Committeeship
  • Special-costs
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Civil procedure 2022 BCSC 522

Vidcom Communications Ltd. v. Rattan

Before discovery, the court largely refused further particulars and solicitor-client waiver, but ordered limited document production and particulars of “other damages.”

  • Particulars under rule 3-7
  • Waiver of solicitor-client privilege
  • Production under rule 7-1
  • Limitation act discoverability
  • Unjust enrichment
  • Constructive trust
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Civil procedure 2021 BCCA 273

Kasian Estate v. Kasian

The Court of Appeal held leave to appeal was not required, converted the leave application to a notice of appeal, and dismissed a stay of a disclosure order.

  • Waiver of solicitor-client privilege
  • Third-party notice
  • Leave to appeal
  • Stay of interlocutory order
  • List of documents
  • Inherent jurisdiction vs rule 7-1
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Wills and estates 2021 BCSC 542

Cepuran v. Carlton

The court ordered a trial issue on Ana Cepuran’s capacity, directed two geriatric psychiatric examinations, and consolidated related trust and nullification petitions.

  • Committeeship
  • Alter ego trust
  • Revocation of enduring power of attorney
  • Capacity assessment
  • Parens patriae jurisdiction
  • Waiver of solicitor‑client privilege
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Trusts and estates 2020 BCSC 2250

Seifred v. Arnold

The court admitted counsel’s affidavit and waived solicitor-client privilege over Mrs. Seifred’s 2017 file in a committeeship dispute, finding disclosure in her best interests and necessary to assess capacity and undue influence.

  • Committeeship nomination
  • Waiver of solicitor‑client privilege
  • Capacity to express wishes
  • Undue influence
  • Admissibility of counsel affidavit
  • Committeeship
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Family law 2020 BCSC 1668

Sarband v. Joubin

Appeal from the dismissal of an application for waiver of solicitor-client privilege was dismissed; the master’s reasons were held sufficient and not clearly wrong.

  • Reopening trial
  • Waiver of solicitor-client privilege
  • Disclosure of solicitor's brief
  • Standard of review
  • Sufficiency of reasons
  • Fresh evidence
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Civil procedure 2019 BCSC 260

Araya v. Nevsun Resources Ltd.

The court refused to block a U.S. §1782 subpoena application, but set conditions. It also held that pleading postponement waived privilege, with limited handling of tolling and third-party communications.

  • Section 1782 (us) subpoenas
  • Letters rogatory
  • Examination for discovery
  • Waiver of solicitor-client privilege
  • Limitation periods (postponement/tolling)
  • Third-party agent communications
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Civil procedure 2017 BCSC 2328

McMahon v. Harper

The court set aside a subpoena served on plaintiff’s counsel, struck some affidavit passages, found no waiver of privilege, and awarded special costs.

  • Abuse of process
  • Waiver of solicitor-client privilege
  • Spoliation of evidence
  • Notice to admit
  • Subpoena to opposing counsel
  • Cross-examination on affidavits
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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.