Is there a time between August 13 and December 10, 2008 when litigation was in reasonable prospect?

In Snow v. Friesen, [2008] B.C.J. No. 2362 (B.C.S.C.) (“Snow”) a clear distinction was made between documents produced before and after the date that the Writ of Summons was filed. Those documents, created after that date, were held to have probably been created for the dominant purpose of litigation. In the case at bar, the claimant accepts this as appropriate and I will adopt it in this case. This leaves the period between August 13 and December 10, 2008 as a “grey area”. This is a time when I think it can be fairly said that litigation was in “reasonable prospect”. The questions then become what were the documents produced in this period and what, on the evidence before me, is the dominant purpose for their production?