PRACTICE |
Privilege |
Watson v. Canada (Minister of Indian and Northern Affairs)
T-2153-00
2002 FCT 1281, Hugessen J.
10/12/02
7 pp.
Motion relating to claim by Crown to privilege in certain documents, thus making documents not subject to disclosure --Plaintiff arguing documents should be disclosed on basis privilege waived--Crown allegedly waived any claim to privilege with respect to legal advice obtained in course of reaching settlement--Situation similar to that in Lac La Ronge Indian Band v. Canada, [1996] S.J. No. 555 (Q.B.)--Mere reference in correspondence to legal opinions not constituting waiver of solicitor-and-client privilege--Crown does not lose right to claim privilege in advice actually received-- Documents listed in Appendix A not privileged, therefore obligation to disclose applies--Documents contained in Appendix B privileged, thus not subject to disclosure-- Motion allowed in part.