Does litigation privilege extend to a sworn witness statement?
Alberta, Canada
The following excerpt is from Mustard (next friend of) v. Oldham, 2005 ABQB 193 (CanLII):
In that regard, I restrict to its peculiar fact situation the case of Alberta v. Stearns Catalytic Ltd., [1991] A.J. No. 484 [C.A.] which seems to suggest that a sworn witness statement is not something that litigation privilege should extend to. I conclude that the existence of a sworn witness statement, as opposed to an unsworn witness statement, is immaterial in the appeal presently before me.
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