In a personal injury case, is it possible for counsel to provide a more detailed description of privileged material without disclosing privileged material?

British Columbia, Canada


The following excerpt is from Nanaimo Shipyard Ltd. v. Keith et al, 2007 BCSC 9 (CanLII):

I said at the hearing that I simply did not believe that it was impossible to give more informative particulars of the nature of every single document for which privilege is claimed without a risk of disclosing the privileged material. However, I considered that I was bound by the Leung v. Hanna decision to accept that counsel for the insurers had indeed “provided the most extensive and explicit description possible short of disclosing [the privileged information]”.

With extreme reluctance, therefore, I accepted the course that both counsel were urging on me, as suggested in Leung v. Hanna, that the court should itself inspect the documents pursuant to Rule 26(12).

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