Is it appropriate for the court to examine a document in the context of privilege claims?
British Columbia, Canada
The following excerpt is from Halliday v. McCulloch, 1986 CanLII 1004 (BC CA):
I share the view expressed in Skuse v. Dutra that it should not be the court that is asked to make the first examination of a document to determine whether a claim of privilege may be made by a patient to whom the document relates. That is not the way to employ scarce judicial resources.
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