Is there any case law in which privilege has been abused in the context of privilege at bar?
British Columbia, Canada
The following excerpt is from Roberts v. Kidd, 1996 CanLII 1990 (BC CA):
15 GOLDIE, J.A.: I agree. To go further in the case at bar than the example of the description adopted by the Chief Justice in Hodgkinson v. Simms would be to allow a party to look into the mind of counsel for the opposing party. That would destroy the very purpose of privilege.
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