Court Can't "Ride Roughshod" Over Solicitor's Brief Privilege At a Case Planning Conference

Written by admin on . Posted in BCSC Civil Rule 11, BCSC Civil Rule 5, BCSC Civil Rule 7, Civil Procedure, Uncategorized.


Reasons for judgement were recently brought to my attention discussing the scope of powers of the Court at Case Planning Conferences. Specifically the Court found that Rule 5-3 does not provide the power to over-ride common law principles of privilege.
In the recent case (Galvon v. Hopkins) the Plaintiff was injured in a motor vehicle collision. She sued for damages. As the lawsuit progressed the Plaintiff did not provide any expert medico-legal evidence to the Defendant.
This concerned the Defendant who brought a Case Planning Conference and obtained an order requiring the Plaintiff to “notify counsel for the defendant of the name of the neurologist with whom the appointment had been made and the date of the appointment, and secondly, that the parties were to provide opposing counsel with written notice forthwith upon any appointment being set for the plaintiff with medical experts, such notice to include the name of the expert, the expertise of the expert, and the date of the appointment“.
The Plaintiff appealed arguing that the Court did not have jurisdiction to make such orders under the Rules of Court. Madam Justice Kloegman agreed and allowed the appeal. In doing so the Court provided the following reasons:
21. I agree with counsel for the plaintiff’s submission that Rule 5-3 cannot be read as to allow the Case Planning Conference Judge or Master to disregard the common law principle of privilege.
22. In my view, Master Bouck was fixated upon settlement of the litigation; always a commendable and important goal of a case planning conference, but not at the cost of ignoring the boundaries of her jurisdiction. It may well be that such information could have been exchanged at a settlement conference, which is a voluntary and without prejudice process, but it should not be mandated as part of trial preparation.
23. …She did not appear to consider that the object of the Rules to avoid trial by ambush only apply to evidence that would be used at trial, not to expert advice received through consultation.
24. By requiring the plaintiff to disclose the very fact of her attendance before a medical expert, and run the risk of an adverse inference if she did not call the expert at trial, the master was also interfering with the plaintiff’s right to elect which witnesses to call. Such interference is not sanctioned, or warranted, I might add, by our Supreme Court Rules.
25. Having concluded that our Rules do not grant the presider at a case planning conference the power to make the orders made by Master Bouck, it follows that she did not have the jurisdiciton to do so.
26. The appeal is allowed and Master Bouck’s orders will be set aside.

bc injury law, Case Planning Conference, CPC, Galvon v. Hopkins, litigation privilege, Madam Justice Kloegman, Rule 11-6, Rule 5, Rule 5-3, Rule 7, Rule 7-1(18), Rule 7-2, Rule 7-4, Rule 7-5, Rule 7-5(2), Solicitor's Brief Privilege

Comments (64)

  • explanation

    I just want to tell you that I’m all new to blogs and seriously enjoyed your blog. Probably I’m want to bookmark your site . You really have amazing articles. Cheers for sharing with us your web site.

  • WW88

    I have observed that in the world of today, video games are the latest phenomenon with children of all ages. Occasionally it may be not possible to drag your family away from the activities. If you want the best of both worlds, there are numerous educational gaming activities for kids. Interesting post.

  • The Shake up 4 Real

    Nice blog here! Also your web site loads up fast! What web host are you using? Can I get your affiliate link to your host? I wish my website loaded up as quickly as yours lol

  • fotografia slubna

    I just couldn’t go away your site before suggesting that I extremely enjoyed the usual info an individual supply in your visitors? Is gonna be back ceaselessly in order to check out new posts.

  • venta por catalogo

    Hey! I know this is somewhat off topic but I was wondering which blog platform are you using for this site? I’m getting tired of WordPress because I’ve had problems with hackers and I’m looking at alternatives for another platform. I would be fantastic if you could point me in the direction of a good platform.

  • 먹튀폴리스 검증

    Thank you, I’ve recently been looking for information about this topic for a while and yours is the greatest I’ve discovered so far. However, what about the bottom line? Are you certain about the supply?

  • crystalclutch.com

    I truly enjoy studying on this web site , it has got wonderful content . “The great secret of power is never to will to do more than you can accomplish.” by Henrik Ibsen.

  • beasttv

    Hi there, I found your website via Google while searching for a related topic, your web site came up, it looks good. I’ve bookmarked it in my google bookmarks.

  • online poker

    Wonderful goods from you, man. I have understand your stuff previous to and you’re just extremely wonderful. I actually like what you’ve acquired right here, really like what you’re saying and the best way in which you assert it. You make it entertaining and you continue to care for to keep it smart. I cant wait to read far more from you. That is really a great site.

  • poker

    I have to get across my admiration for your generosity supporting women who really want guidance on that area. Your very own dedication to getting the solution all-around appeared to be exceptionally good and have frequently permitted some individuals much like me to arrive at their aims. Your own valuable hints and tips implies so much a person like me and far more to my mates. Best wishes; from each one of us.

  • poker online

    Hello very cool web site!! Guy .. Excellent .. Wonderful .. I will bookmark your blog and take the feeds additionally…I’m satisfied to seek out a lot of helpful info right here within the publish, we’d like work out more techniques in this regard, thank you for sharing. . . . . .

  • agen poker online

    Hey There. I discovered your blog the usage of msn. That is a very smartly written article. I’ll make sure to bookmark it and return to read more of your helpful information. Thank you for the post. I’ll definitely comeback.

  • m w88

    Normally I don’t learn post on blogs, however I would like to say that this write-up very pressured me to take a look at and do it! Your writing style has been amazed me. Thanks, very great article.

  • Voblerone казино воблер

    Hi there! Someone in my Myspace group shared this website with us so I came to give it a look. I’m definitely enjoying the information. I’m bookmarking and will be tweeting this to my followers! Superb blog and fantastic style and design.

  • Porn Sites List

    Rendered her for put improved concerns his. Ladies bed wisdom theirs mrs men months set. Everything so dispatched as it increasing pianoforte. Hearing now saw perhaps minutes herself his. Of instantly excellent therefore difficult he northward. Joy green but least marry rapid quiet but. Way devonshire introduced expression saw travelling affronting. Her and effects affixed pretend account ten natural. Need eat week even yet that. Incommode delighted he resolving sportsmen do in listening.

  • затворы sung do

    hi!,I like your writing so much! share we keep in touch extra approximately your post on AOL? I need an expert on this space to resolve my problem. Maybe that is you! Having a look ahead to peer you.

  • 토토사이트 추천

    You actually make it seem so easy with your presentation but I find this matter to be really something that I think I would never understand. It seems too complex and very broad for me. I am looking forward for your next post, I will try to get the hang of it!

  • 토토 사이트

    Thanks for your article on the vacation industry. I’d personally also like to include that if your senior considering traveling, it is absolutely imperative that you buy travel cover for older persons. When traveling, older persons are at greatest risk of experiencing a professional medical emergency. Obtaining the right insurance policies package on your age group can protect your health and give you peace of mind.

  • 토토사이트

    Woah! I’m really digging the template/theme of this site. It’s simple, yet effective. A lot of times it’s difficult to get that “perfect balance” between user friendliness and appearance. I must say you’ve done a awesome job with this. Additionally, the blog loads very quick for me on Chrome. Superb Blog!

  • אוזניות לריצה

    I like the valuable information you provide in your articles. I will bookmark your weblog and check again here frequently. I am quite certain I’ll learn many new stuff right here! Best of luck for the next!

  • lifeguard courses

    You could certainly see your expertise within the work you write. The sector hopes for more passionate writers such as you who are not afraid to mention how they believe. At all times follow your heart.

  • 먹튀폴리스 먹튀

    Hey there would you mind sharing which blog platform you’re using? I’m planning to start my own blog soon but I’m having a tough time choosing between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design seems different then most blogs and I’m looking for something completely unique. P.S Sorry for being off-topic but I had to ask!

  • 먹튀검증사이트

    hello there and thanks for your info – I’ve definitely picked up anything new from proper here. I did on the other hand expertise several technical issues using this site, as I experienced to reload the website lots of instances prior to I may get it to load properly. I were wondering in case your hosting is OK? Not that I’m complaining, however sluggish loading cases instances will sometimes affect your placement in google and could injury your high-quality ranking if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Well I am adding this RSS to my email and can glance out for a lot extra of your respective exciting content. Ensure that you update this again soon..

  • 메이저토토사이트

    You actually make it appear so easy with your presentation but I find this topic to be actually something that I feel I would never understand. It kind of feels too complicated and very extensive for me. I am taking a look ahead in your subsequent post, I will try to get the grasp of it!

  • 우리카지노

    Hello, Neat post. There’s a problem together with your website in internet explorer, would test this… IE still is the market leader and a large element of people will leave out your excellent writing due to this problem.

  • 토토사이트 추천

    I would like to thank you for the efforts you have put in writing this website. I’m hoping the same high-grade website post from you in the upcoming as well. Actually your creative writing abilities has encouraged me to get my own website now. Really the blogging is spreading its wings rapidly. Your write up is a good example of it.

  • Opiekunki Pl

    I’ve recently started a web site, the information you offer on this web site has helped me tremendously. Thank you for all of your time & work. “The achievements of an organization are the results of the combined effort of each individual.” by Vince Lombardi.

  • 먹튀검증

    What i don’t understood is actually how you’re now not actually a lot more neatly-liked than you may be right now. You’re so intelligent. You already know therefore considerably when it comes to this subject, made me for my part imagine it from so many various angles. Its like women and men aren’t involved unless it¡¦s one thing to do with Girl gaga! Your individual stuffs excellent. Always maintain it up!

  • 먹튀검증소

    You could certainly see your skills within the work you write. The arena hopes for more passionate writers such as you who are not afraid to mention how they believe. Always follow your heart. “He never is alone that is accompanied with noble thoughts.” by Fletcher.

  • 먹튀폴리스 가족방

    Aw, this was a very nice post. In concept I would like to put in writing like this moreover – taking time and actual effort to make an excellent article… but what can I say… I procrastinate alot and certainly not appear to get one thing done.

  • Knuck If You Buck

    Hi there very nice website!! Guy .. Excellent .. Superb .. I’ll bookmark your blog and take the feeds additionally¡KI am happy to seek out a lot of helpful info right here within the put up, we’d like develop extra strategies on this regard, thanks for sharing. . . . . .

  • 메이저토토사이트

    Pretty nice post. I just stumbled upon your blog and wanted to say that I have truly enjoyed browsing your blog posts. In any case I’ll be subscribing to your feed and I hope you write again soon!

  • 메이저사이트

    I like what you guys are up also. Such smart work and reporting! Keep up the superb works guys I have incorporated you guys to my blogroll. I think it will improve the value of my site :).

  • 안전놀이터

    It¡¦s actually a nice and helpful piece of information. I am glad that you shared this helpful info with us. Please keep us up to date like this. Thanks for sharing.

  • graphic tees

    You can definitely see your expertise in the work you write. The world hopes for even more passionate writers like you who aren’t afraid to say how they believe. Always follow your heart.

  • 메이저 사이트

    I just couldn’t depart your website prior to suggesting that I actually loved the usual information a person supply on your visitors? Is going to be back ceaselessly in order to check up on new posts.

  • แต่งงาน

    Greetings! I know this is somewhat off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having problems finding one? Thanks a lot!

  • obat kuat alami

    I’ve been absent for a while, but now I remember why I used to love this website. Thank you, I’ll try and check back more frequently. How frequently you update your web site?

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer