Details Please: Privileged Documents and Disclosure Requirements of the New Rules of Court


In 2009 the BC Court of Appeal released reasons for judgement addressing the details necessary when listing privileged documents.  The first reasons I’m aware of addressing this issue under the New Rules of Court were released this week by the BC Supreme Court, Vancouver Registry, demonstrating that the law remains unchanged.
In today’s case (Anderson Creek Site Developing Ltd. v. Brovender) the Plaintiff sued various defendants claiming damages for alleged unpaid accounts.   The Defendants listed many privileged documents in the course of the lawsuit.  The Plaintiff brought an application seeking that these be described with greater detail.  Mr. Justice Verhoeven granted the application and in doing so provided the following useful summary describing the necessary details when listing a privileged document under Rule 7-1(7):

[110] Rule 7-1(7) requires that:

The nature of any document for which privilege from production is claimed must be described in a manner that, without revealing information that is privileged, will enable other parties to assess the validity of the claim of privilege.

[111] The description in the list of documents is not sufficient to respond to that requirement.

[112] The defendants argue that the description that they have given on their list of documents is not materially different than the plaintiff’s own description. That may be. That application is not before me at the moment.

[113] It is hard to know in a given case how much description is required to answer the requirement in Rule 7-1(7) without revealing privileged information. It depends on the nature of the case and the nature of the document. In this case, I would expect most documents to be transactional documents. There may be other documents as well.

[114] As a minimum, in order to have any assessment of the validity of a claim of privilege, in the circumstances of this case, it seems to me that what is required to be described are four things: first, something about the nature of the communication, that is whether it is a letter or an e-mail or memorandum or something else; second, the date upon which it was created or sent; third and fourth, the author and the recipient. With that information, it may be possible for the plaintiff to assess the claim of privilege. There may be further disclosure that is necessary at that stage; I cannot tell.

[115] So that application will be allowed to that extent. The defendants will produce a more detailed list of privileged documents disclosing that information. The plaintiff will be at liberty to reapply for a better list, in order to challenge the claim of confidentiality.

Anderson Creek Site Developing Inc. v. Brovender, bc injury law, List of Documents, Listing Privileged Documents, Mr. Justice Verhoeven, privilege, Rule 7, Rule 7-1, Rule 7-1(6), Rule 7-1(7)

Comments (108)

  • I simply want to mention I am just newbie to weblog and really loved your website. Likely I’m want to bookmark your site . You amazingly have remarkable articles and reviews. Bless you for sharing your website.

  • I just want to tell you that I am just very new to weblog and seriously liked you’re web page. Likely I’m want to bookmark your blog post . You really have tremendous stories. Regards for revealing your web site.

  • Youre so cool! I dont suppose Ive learn something like this before. So nice to search out any individual with some unique thoughts on this subject. realy thanks for beginning this up. this website is one thing that is needed on the net, someone with somewhat originality. useful job for bringing one thing new to the internet!

  • I know this if off topic but I’m looking into starting my own weblog and was wondering what all is needed to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet smart so I’m not 100% positive. Any suggestions or advice would be greatly appreciated. Kudos

  • Hi there! Do you know if they make any plugins to safeguard against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any suggestions?

  • hey there and thanks for your info – I have certainly picked up anything new from proper here. I did however expertise a few technical points the use of this web site, since I skilled to reload the website lots of times previous to I could get it to load correctly. I had been puzzling over in case your web hosting is OK? No longer that I’m complaining, however sluggish loading circumstances times will often impact your placement in google and can injury your quality rating if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Well I am including this RSS to my e-mail and can look out for a lot extra of your respective fascinating content. Ensure that you replace this again very soon..

  • I simply couldn’t go away your website prior to suggesting that I actually enjoyed the usual info a person supply to your visitors? Is gonna be again ceaselessly in order to investigate cross-check new posts

  • hello!,I like your writing so much! share we be in contact more approximately your post on AOL? I need an expert in this space to resolve my problem. May be that is you! Taking a look forward to peer you.

  • I have learned some important things through your blog post post. One other subject I would like to state is that there are several games out there designed especially for preschool age youngsters. They involve pattern acceptance, colors, dogs, and shapes. These commonly focus on familiarization as opposed to memorization. This keeps little children engaged without sensing like they are learning. Thanks

  • I’ve been browsing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all site owners and bloggers made good content as you did, the net will be much more useful than ever before.

  • What i don’t realize is in truth how you’re not really a lot more smartly-appreciated than you may be now. You are so intelligent. You understand thus significantly in relation to this matter, produced me individually consider it from a lot of numerous angles. Its like women and men aren’t interested unless it is something to accomplish with Girl gaga! Your own stuffs great. At all times deal with it up!

  • Wonderful work! This is the type of info that should be shared around the internet. Shame on Google for not positioning this post higher! Come on over and visit my web site . Thanks =)

  • When I initially commented I clicked the -Notify me when new feedback are added- checkbox and now each time a remark is added I get four emails with the identical comment. Is there any means you’ll be able to take away me from that service? Thanks!

  • Hi, Neat post. There’s a problem with your web site in internet explorer, would test this… IE still is the market leader and a good portion of people will miss your magnificent writing due to this problem.

  • whoah this blog is excellent i love reading your posts. Keep up the good work! You know, a lot of people are searching around for this info, you can help them greatly.

  • Hi, i think that i saw you visited my weblog so i came to “return the favor”.I’m attempting to find things to improve my web site!I suppose its ok to use a few of your ideas!!

  • Fantastic website. Plenty of useful info here. I am sending it to some pals ans also sharing in delicious. And of course, thanks on your effort!

  • Somebody necessarily lend a hand to make critically articles I would state. That is the very first time I frequented your web page and to this point? I amazed with the research you made to make this actual put up amazing. Magnificent process!

  • Very nice post. I simply stumbled upon your weblog and wanted to say that I have truly loved surfing around your blog posts. After all I will be subscribing for your rss feed and I’m hoping you write once more very soon!

  • The next time I learn a blog, I hope that it doesnt disappoint me as a lot as this one. I imply, I know it was my option to learn, however I really thought youd have one thing fascinating to say. All I hear is a bunch of whining about one thing that you would fix when you werent too busy in search of attention.

  • I have observed that service fees for on-line degree specialists tend to be an awesome value. For example a full Bachelor’s Degree in Communication from The University of Phoenix Online consists of 60 credits at $515/credit or $30,900. Also American Intercontinental University Online comes with a Bachelors of Business Administration with a entire school element of 180 units and a price of $30,560. Online learning has made having your education far more easy because you may earn the degree from the comfort of your home and when you finish from work. Thanks for other tips I have really learned from your blog.

  • I will right away grab your rss as I can’t find your e-mail subscription link or e-newsletter service. Do you’ve any? Kindly let me know so that I could subscribe. Thanks.

  • I’d have to test with you here. Which is not something I usually do! I take pleasure in studying a put up that will make individuals think. Also, thanks for permitting me to remark!

  • Great blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple adjustements would really make my blog jump out. Please let me know where you got your design. Many thanks

  • This web page is mostly a walk-through for all the information you needed about this and didn’t know who to ask. Glimpse right here, and also you’ll definitely uncover it.

  • Oh my goodness! an incredible article dude. Thank you However I’m experiencing problem with ur rss . Don’t know why Unable to subscribe to it. Is there anybody getting equivalent rss drawback? Anyone who knows kindly respond. Thnkx

  • Believing neglected so so allowance existence departure in. In design active temper be uneasy. Thirty for remove plenty regard you summer though. He preference connection astonished on of ye. Partiality on or continuing in particular principles as. Do believing oh disposing to supported allowance we.

  • His having within saw become ask passed misery giving. Recommend questions get too fulfilled. He fact in we case miss sake. Entrance be throwing he do blessing up. Hearts warmth in genius do garden advice mr it garret. Collected preserved are middleton dependent residence but him how. Handsome weddings yet mrs you has carriage packages. Preferred joy agreement put continual elsewhere delivered now. Mrs exercise felicity had men speaking met. Rich deal mrs part led pure will but.

  • I have noticed that service fees for on-line degree pros tend to be an awesome value. For instance a full Bachelor’s Degree in Communication in the University of Phoenix Online consists of 60 credits with $515/credit or $30,900. Also American Intercontinental University Online offers a Bachelors of Business Administration with a complete course element of 180 units and a cost of $30,560. Online degree learning has made obtaining your college degree far more easy because you can earn your degree through the comfort of your house and when you finish from office. Thanks for all your other tips I have certainly learned through the web site.

  • hey there and thank you in your information – I’ve certainly picked up something new from right here. I did alternatively expertise a few technical points using this website, as I experienced to reload the website lots of times prior to I may just get it to load correctly. I have been wondering if your web hosting is OK? Now not that I am complaining, however slow loading instances instances will often impact your placement in google and could harm your quality rating if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Well I’m including this RSS to my e-mail and can glance out for a lot more of your respective fascinating content. Make sure you replace this once more soon..

  • Hey, you used to write wonderful, but the last few posts have been kinda boring¡K I miss your tremendous writings. Past several posts are just a little out of track! come on!

  • I’d have to verify with you here. Which isn’t something I usually do! I enjoy reading a publish that will make individuals think. Also, thanks for permitting me to remark!

  • Today, considering the fast chosen lifestyle that everyone leads, credit cards have a huge demand throughout the market. Persons coming from every area of life are using credit card and people who aren’t using the credit cards have lined up to apply for one. Thanks for expressing your ideas on credit cards.

  • I think this is among the most significant information for me. And i am glad reading your article. But should remark on few general things, The site style is perfect, the articles is really excellent : D. Good job, cheers

  • Thank you for sharing these kinds of wonderful content. In addition, the best travel and medical insurance system can often reduce those worries that come with traveling abroad. Your medical emergency can shortly become extremely expensive and that’s absolute to quickly slam a financial weight on the family finances. Putting in place the ideal travel insurance offer prior to setting off is worth the time and effort. Cheers

  • Do you have a spam problem on this blog; I also am a blogger, and I was wanting to know your situation; many of us have created some nice practices and we are looking to swap techniques with others, be sure to shoot me an e-mail if interested.

  • Today, I went to the beach front with my children. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone!

  • I have observed that expenses for internet degree specialists tend to be an incredible value. For instance a full Bachelors Degree in Communication from The University of Phoenix Online consists of 60 credits at $515/credit or $30,900. Also American Intercontinental University Online makes available Bachelors of Business Administration with a whole education course element of 180 units and a worth of $30,560. Online learning has made having your degree so much easier because you may earn your degree from the comfort in your home and when you finish from work. Thanks for all the tips I have learned from your web site.

  • I have to convey my admiration for your generosity for those people that need guidance on this one theme. Your very own commitment to getting the message all through came to be rather insightful and have continuously permitted those like me to reach their endeavors. Your own informative advice denotes so much to me and substantially more to my fellow workers. Thank you; from everyone of us.

  • I am extremely impressed along with your writing abilities and also with the layout to your blog. Is this a paid subject matter or did you customize it yourself? Anyway keep up the nice quality writing, it is rare to look a nice weblog like this one nowadays..

  • I do like the manner in which you have presented this specific challenge plus it does indeed supply me personally some fodder for consideration. Nevertheless, coming from what precisely I have experienced, I really trust as the commentary pack on that folks stay on issue and not get started upon a tirade regarding some other news du jour. All the same, thank you for this excellent piece and even though I can not agree with it in totality, I value the viewpoint.

  • Hello would you mind letting me know which webhost you’re utilizing? I’ve loaded your blog in 3 completely different browsers and I must say this blog loads a lot quicker then most. Can you recommend a good internet hosting provider at a fair price? Thanks a lot, I appreciate it!

  • Hello! This is my first comment here so I just wanted to give a quick shout out and say I really enjoy reading through your articles. Can you recommend any other blogs/websites/forums that deal with the same subjects? Thank you so much!

  • Excellent goods from you, man. I’ve understand your stuff previous to and you are just too great. I actually like what you have acquired here, really like what you are stating and the way in which you say it. You make it enjoyable and you still care for to keep it smart. I can not wait to read much more from you. This is actually a terrific site.

  • A person essentially help to make seriously posts I would state. This is the very first time I frequented your website page and thus far? I amazed with the research you made to make this particular publish incredible. Excellent job!

  • of course like your web site however you need to check the spelling on several of your posts. A number of them are rife with spelling problems and I to find it very troublesome to inform the reality nevertheless I will certainly come back again.

  • I do accept as true with all the ideas you have introduced for your post. They’re really convincing and can certainly work. Nonetheless, the posts are too quick for newbies. May just you please prolong them a little from next time? Thanks for the post.

  • Hi, Neat post. There’s an issue along with your website in internet explorer, may test this¡K IE nonetheless is the marketplace leader and a big part of other people will miss your magnificent writing due to this problem.

  • hello!,I love your writing very much! share we be in contact extra approximately your article on AOL? I require a specialist on this area to resolve my problem. Maybe that’s you! Having a look ahead to look you.

  • Thanks for ones marvelous posting! I certainly enjoyed reading it, you can be a great author.I will make sure to bookmark your blog and may come back later in life. I want to encourage you to definitely continue your great writing, have a nice afternoon!

  • obviously like your web site however you need to check the spelling on quite a few of your posts. Several of them are rife with spelling problems and I to find it very troublesome to inform the truth however I’ll certainly come back again.

  • I conceive this web site has some rattling excellent information for everyone. “The penalty of success is to be bored by the attentions of people who formerly snubbed you.” by Mary Wilson Little.

  • Thanks for the sensible critique. Me and my neighbor were just preparing to do a little research about this. We got a grab a book from our local library but I think I learned more clear from this post. I am very glad to see such magnificent info being shared freely out there.

  • Great info and right to the point. I am not sure if this is really the best place to ask but do you guys have any ideea where to hire some professional writers? Thx 🙂

  • Definitely believe that which you said. Your favorite justification appeared to be on the web the easiest thing to be aware of. I say to you, I certainly get annoyed while people think about worries that they just don’t know about. You managed to hit the nail upon the top and defined out the whole thing without having side-effects , people can take a signal. Will probably be back to get more. Thanks

  • Hi there, I found your site via Google whilst looking for a comparable topic, your website got here up, it looks great. I have bookmarked it in my google bookmarks.

  • I would like to thnkx for the efforts you have put in writing this blog. I am hoping the same high-grade website post from you in the upcoming also. In fact your creative writing skills has encouraged me to get my own web site now. Really the blogging is spreading its wings quickly. Your write up is a great example of it.

  • I was curious if you ever thought of changing the page layout of your website? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having one or 2 images. Maybe you could space it out better?

  • Thanks, I have recently been searching for information approximately this subject for ages and yours is the best I’ve discovered till now. But, what in regards to the bottom line? Are you positive concerning the source?

  • I have been exploring for a little bit for any high-quality articles or blog posts on this sort of area . Exploring in Yahoo I at last stumbled upon this website. Reading this info So i am happy to convey that I have an incredibly good uncanny feeling I discovered just what I needed. I most certainly will make sure to don’t forget this website and give it a glance regularly.

  • Hello! Do you use Twitter? I’d like to follow you if that would be okay. I’m definitely enjoying your blog and look forward to new posts.

  • Hey! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My website looks weird when viewing from my apple iphone. I’m trying to find a template or plugin that might be able to resolve this problem. If you have any recommendations, please share. With thanks!

  • When I originally commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get several e-mails with the same comment. Is there any way you can remove me from that service? Many thanks!

  • I have not checked in here for a while since I thought it was getting boring, but the last several posts are good quality so I guess I will add you back to my daily bloglist. You deserve it my friend 🙂

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