What is the current state of the law on disclosure of privileged documents?

British Columbia, Canada


The following excerpt is from Elms v. Laurentian Bank of Canada, 2002 BCSC 1726 (CanLII):

The real issue here is how the privileged documents (if they are privileged) may be used. I cannot compel counsel to disclose a privileged document. If this were a trial I would have to determine whether the document fell within the Hodgkinson v. Simms’ exception and decide whether to allow cross-examination on it even though it had not been disclosed.

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