Is a document prepared after the date of litigation privileged?
Ontario, Canada
The following excerpt is from Sky Solar (Canada) Ltd. v Economical Mutual Insurance Company, 2015 ONSC 4714 (CanLII):
Even though documents prepared after the date on which litigation was first contemplated are presumptively privileged, they may be excluded from privilege if their dominant purpose was not directed at the litigation at bar. (Mamaca v. Coseco Insurance Company, 2007 CarswellOnt 8133 at para. 14).
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