Is a solicitor or agent required to produce a statement taken by the solicitor for the purpose of litigation?
British Columbia, Canada
The following excerpt is from Ridout Wines Limited v. APV Crepaco of Canada Ltd., 1983 CanLII 458 (BC SC):
By the foregoing I do not intend to go so far as to suggest that every statement taken by a solicitor or agent for the purpose of litigation must be produced. I leave that question for another occasion. It is my view, however, that a statement taken from an opposite party, or an employee such as this witness, must be disclosed and produced if demanded. My reasons for this distinction are, first, that confidentiality is the basis for privilege, and there can be no question of confidentiality in the case of an opposite party. Secondly, it is not "fit" (see R. 26(10)) for a relevant document of this description to be withheld until trial. In this latter connection I respectfully adopt much of the dicta relied upon by the majority judges in Strass v. Goldsack, supra.
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