SUPREME COURT OF NOVA SCOTIA
Citation: Cornwallis Financial Corporation v. Nova Scotia (Attorney General), 2008 NSSC 341
Date: 20081119
Docket: SH 274325
Registry: Halifax
Between:
Cornwallis Financial Corporation
Applicant/Plaintiff
and Defendant by Counterclaim
and
The Attorney General of Nova Scotia
Respondent/Defendant
and Plaintiff by Counterclaim
and
ElizabethMills
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Glen G. McDougall
Heard: October 24, 2008, in Halifax, Nova Scotia
Subject: Discovery Examination; Solicitor‑Client Privilege; “Class” Privilege; Case‑by‑Case” Privilege; Wigmore “criteria”; Wigmore “test”
Summary: The Government lawyer assigned to the file presented for discovery. The witness refused to answer a number of questions claiming solicitor‑client privilege.
Issue: (i) When does solicitor‑client privilege protect the disclosure of confidential information?
(ii) Have the Wigmore “criteria” been established?
Result: The Court offered guidance to counsel to determine when solicitor‑client privilege is available to protect the disclosure of confidential information. Therefore Wigmore “criteria” must all be present in order to claim this class privilege. It is also open to a party to claim privilege on a case‑by‑case basis which requires that the policy reasons for excluding otherwise relevant evidence be weighed. The so‑called Wigmore “test” must be applied in these instances.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.