What is the test for privilege over the disclosure of confidential documents?
British Columbia, Canada
The following excerpt is from Cliff v. Dahl, 2009 BCSC 1947 (CanLII):
I paraphrase the authorities, of course, when I say that. I think it is better said by Mr. Justice Hood citing other authority, as he does in Catherwood v. Heinrichs [1995] B.C.J. No. 2658, in which he says at paragraph 25 he finds: I find that the dominant purpose for their production falls within the classic phrase "to obtain legal advice or to conduct or aid in the conduct of litigation". And as a consequence, concludes that privilege applies.
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