In contrast, Melnick J. held that reports commissioned by legal counsel after issues of coverage had been determined were protected by litigation privilege as there was no other potential use to which the reports could have been put. In the course of reaching that conclusion, Melnick J. said the following at para 22: The case law also indicates that all other potential uses of a document should be dealt with in the affidavit material filed in support of a claim of privilege. Such other possible uses should be eliminated or minimized as relevant factors to the point were the court can conclude that the remaining purpose of litigation was dominant: Brayley v. Pappas (1991), 64 B.C.L.R. (2d) 37 (B.C.S.C.).
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