In what circumstances will the court order disclosure of a solicitor's file in a personal injury action?
British Columbia, Canada
The following excerpt is from Mayer v. Osborne Contracting Ltd., 2010 BCSC 1881 (CanLII):
In Murao v. Blackcomb Skiing Enterprises Ltd. Partnership, 2003 BCSC 558, which involved a claim for damages arising from a snowboarding accident, the plaintiff's solicitor swore an affidavit in which he set out statements that the plaintiff made to him describing an accident. The description in the affidavit was not consistent with the plaintiff's version of events. The defendants brought an application for disclosure of the solicitor's file. Madam Justice Sinclair Prowse allowed the application, although she limited disclosure to those communications or parts that were pertinent to the matters raised in the affidavit.
A party seeking derivative relief bears the onus to show positively that the application is brought in good faith: Bennett v. Rudek, 2008 BCSC 1278. The issue is fact specific.
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