Is a document created for a dual purpose and to furnish information to defence counsel privileged?
British Columbia, Canada
The following excerpt is from Warnberg v. Fletcher, 2016 BCSC 918 (CanLII):
If a document was created for a dual purpose, such as to find out the cause of the accident on the one hand and to furnish information to defence counsel on the other, the document is not privileged because it has not then been created wholly or mainly for the purposes of litigation. This principle was also reaffirmed in Raj v. Khosravi at para. 16.
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