In what circumstances is a statement not privileged?
Alberta, Canada
The following excerpt is from Bushey v. Banek, 1981 CanLII 1102 (AB QB):
In this case I would, if necessary, arrive at the same result on a second ground, namely, that the form prescribed by the minister is not in evidence, and we have no information as to what the minister had prescribed as required. Without such proof, the privilege does not arise at all: see Demers v. Cullen, per McGillivray C.J.A. at pp. 77-78 and my own reasons at p. 94. Statements not privileged.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does disclosure of privileged documents constitute a waiver of privilege? (Alberta, Canada)
Does a person who makes a false statement have to make good the damage caused by the false statement? (Alberta, Canada)
Is there any case law where the defence has not established that privileged communications were privileged? (Alberta, Canada)
Can a defendant defend using qualified privilege in a defamation action against a plaintiff who made a defamatory statement? (Alberta, Canada)
In what circumstances will a plaintiff be allowed to amend his Statement of Claim? (Alberta, Canada)
In a personal injury action, in what circumstances will the court award thrown away costs for failing to provide a 218.1 statement? (Alberta, Canada)
In what circumstances will an insurer be able to proceed with a statement of claim for a motor vehicle accident due to the length of the claimant's claim? (Alberta, Canada)
Does litigation privilege extend to a sworn witness statement? (Alberta, Canada)
In what circumstances will a Master grant an order to extend time for service of a Statement of Claim? (Alberta, Canada)
In what circumstances will a plaintiff be denied insurance coverage under the Statement of Defence? (Alberta, Canada)
