Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
Given ICBC’s monopoly over vehicle insurance in BC they typically have to perform multiple roles following a collision including investigating the issue of fault in order to make internal decisions regarding the premium consequences for the customers involved in the crash. Documents prepared during this ‘investigative‘ stage generally need to be produced during litigation and claims for […]
Written by admin on . Posted in BCSC Civil Rule 7.
Concise reasons for judgement were recently released discussing the scope of document production limits under the New Rules of Court. In today’s case (RCL v. SCF) the Plaintiff was seeking damages following a motor vehicle collision. He had a history of emotional difficulties stemming in part from childhood abuse. He received counselling regarding this from […]
Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
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 […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
As previously discussed, the law in Canada permits people to seek confidential legal advice. Confidential communications between a lawyer and client are a “fundamental civil and legal right“. This right permits individuals to not only get the advice they need but also to claim ‘privilege‘ over these discussions and to not disclose them in the […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Two decisions were released this week by the BC Supreme Court dealing with the issue of litigation privilege in BC personal injury lawsuits. The first case stressed the importance of lawyers properly identifying and listing documents, the second dealt with evidence gathered by an insurance company during the “investigative stage” following a motor vehicle collision. […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
As I’ve previously written, litigation privilege is a principle which allows parties in a law suit to keep evidence from the other side. In order to successfully take advantage of litigation privilege the document not only has to have been created in the reasonable contemplation of a lawsuit but also for the ‘dominant purpose‘ of […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
As I’ve previously written, litigation privilege is a principle which allows parties not to share relevant documents with the other side in a lawsuit in limited circumstances. Despite this principle, the BC Courts seem to be favouring the trend of disclosure making it more difficult for parties not to disclose documents after lawsuits get underway. […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Further to my previous posts on the topic of ICBC Claims and Privilege, reasons for judgement were released yesterday by the BC Supreme Court, New Westminster Registry, demonstrating that a party seeking to withhold documents on the basis of ‘litigation privilege’ may face an uphill battle. In yesterday’s case (Celli v. White) the Plaintiff was […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Further to my many posts on the topic of discovery, when parties are involved in a lawsuit in the BC Supreme Court the Rules of Court require the parties to disclose certain information to the opposing side. Generally all relevant information needs to be disclosed however there are exceptions to this and one such exception is ‘privilege‘. […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Further to my previous posts on Litigation Privilege in British Columbia, reasons for judgement were released today adding further clarity to this area of the law. In today’s case (Shooting Star Amusements Ltd. v. Prince George Agricultural and Historical Association) the Plaintiff brought an application for the production of certain documents which the Defendant refused […]