What is the test for establishing that a party asserting privilege to create a document that was intended to be used as evidence for litigation?
Ontario, Canada
The following excerpt is from Zimmerman v. McNaull, 2021 ONSC 3436 (CanLII):
The onus is on the party asserting the privilege to establish, with respect to each document in issue, that the dominant purpose for its creation was existing or contemplated litigation. See Bartucci v. Lindsay, 2010 ONSC 3942, at para. 11.
"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
Can a party who fails to assert privilege over a document be served with a supplementary affidavit of documents in which the privilege is properly claimed? (Ontario, Canada)
In what circumstances will litigation privilege be asserted against a party who refuses to produce the document? (Ontario, Canada)
Are documents created for the purpose of investigation not protected by litigation privilege? (Ontario, Canada)
What is the effect of an interim order establishing that a party is entitled to litigant status? (Ontario, Canada)
What is the proper test for establishing litigation privilege? (Ontario, Canada)
What is the legal test for establishing litigation privilege? (Ontario, Canada)
Can litigation privilege be used to prevent the production of all evidence relevant to the best interest of a child? (Ontario, Canada)
Is a crown attorney acting for the applicant in a litigation between parties not providing a service to the opposing party? (Ontario, Canada)
Is a litigation guardian required to approve a partial settlement that includes payment of 15% plus party and party costs to solicitors? (Ontario, Canada)
What is the legal test for privilege over privileged documents? (Ontario, Canada)
