In the decision Zapf v. Muckalt [1995] B.C.J. No. 536 Mr. Justice Low refused to order the production of statements taken from witnesses and stated at paragraph 14: A litigant must take reasonable steps to interview witnesses before seeking to have the court remove a privilege that attaches to statements taken from those witnesses by an opposing party. There is no evidence that the plaintiff took any such steps in this case.
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