What is the current state of the law on confidentiality in personal injury cases?
Saskatchewan, Canada
The following excerpt is from Crowe v. Saskatchewan Indian Gaming Authority Inc., 2004 SKQB 226 (CanLII):
In Descôteaux v. Mierzwinski, 1982 CanLII 22 (SCC), [1982] 1 S.C.R. 860 at 875, Lamer J. stated as follows: ... 2. Unless the law provides otherwise, when and to the extent that the legitimate exercise of a right would interfere with another person’s right to have his communications with his lawyer kept confidential, the resulting conflict should be resolved in favour of protecting the confidentiality.
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