What is the test for denying liability on a document that is claimed to be privileged?
British Columbia, Canada
The following excerpt is from Banza v. Insurance Corp. of British Columbia, 2001 BCPC 106 (CanLII):
In applying this test it must be recognized that any particular document may have more than one purpose and a determination of the dominant purpose involves an individualized inquiry as to whether and when the focus changed from investigation to litigation. There is also no absolute rule that the decision to deny liability marks the point in which the conduct of litigation becomes the dominant purpose underlying the production of each document for which privilege is claimed: per Wood J. A. in Hamalainen v. Sippola, supra at p. 262.
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