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Civil procedure 2023 BCSC 1787

Greenfield v. Tran

The British Columbia Supreme Court dismissed an application to exclude an independent witness’s testimony, finding the plaintiff had fair notice despite a brief will-say statement.

  • Will-say statements
  • Pre-trial disclosure
  • Trial fairness
  • Exclusion of evidence
  • Witness credibility
  • Solicitor's brief privilege
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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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Civil procedure 2021 BCSC 733

Ostrowka v. Coles

The court held that automatic production of a written IME report is not a matter of course and requires special circumstances; no prompt production order was made here.

  • Independent medical examination
  • Disclosure obligations
  • Solicitor's brief privilege
  • Expert reports
  • Supreme court civil rules
  • Independent-medical-examination
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Wills and estates 2018 BCSC 1329

Grandmaison v. Berkenbos

Appeal from a master's interlocutory order dismissing a document-production challenge and requiring a verification affidavit was dismissed.

  • Verification affidavit
  • Document production
  • Discovery
  • Solicitor's brief privilege
  • Standard of review for master's decisions
  • Document-production
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Competition/antitrust 2018 BCSC 897

Coburn and Watson's Metropolitan Home v. Bank of Montreal

Class action discovery ruling in a credit-card interchange case. The court allowed limited discovery of other class members and RCC, and ordered some production from the representative plaintiff.

  • Discovery of class members
  • Two-sided market analysis
  • Interchange fees
  • Civil conspiracy
  • Unjust enrichment
  • Solicitor's brief privilege
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Civil procedure 2015 BCSC 1374

Buettner v. Gatto

The Court ordered production of defence documents 4.7 to 4.12, rejecting litigation privilege because litigation was not yet reasonably in prospect.

  • Litigation privilege
  • Solicitor-client privilege
  • Solicitor's brief privilege
  • Production of documents
  • Discovery
  • Motor vehicle liability
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Civil procedure 2015 BCSC 764

Prothero v. Togeretz

The court held that an MRI disk created for diagnosis and treatment was not privileged and ordered it produced.

  • Production of documents
  • Litigation privilege
  • Solicitor's brief privilege
  • Treating physician vs expert
  • Medical costs recovery
  • Production-of-documents
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Civil procedure 2013 BCSC 1019

Eastman v. Eastman

The court dismissed a pre-trial application for production of neuropsychological test data, holding the material was protected by solicitor’s brief privilege.

  • Solicitor's brief privilege
  • Production of expert raw data
  • Independent medical examination
  • Practice effects
  • Disclosure deadlines
  • Solicitor-client-privilege
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Civil procedure 2013 BCSC 246

Blackwell v. Kwok

The court refused to order early disclosure of the specialty of a planned psychiatric or psychological expert, holding the Rules’ timelines and privilege concerns controlled.

  • Expert evidence
  • Timing of disclosure
  • Solicitor's brief privilege
  • Rule 11-6
  • Independent medical examination
  • Expert-evidence
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Civil procedure 2012 BCSC 442

Lam v. Chiu

The court allowed the plaintiff to use a late-obtained title search to examine an adverse witness in a debt trial, applying the Stone v. Ellerman factors.

  • Admissibility of documents
  • Disclosure requirements (rule 26)
  • Impeachment of adverse party witness
  • Solicitor's brief privilege
  • Credibility assessment
  • Use of late-obtained evidence
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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.