Citation: Saturley v. CIBC World Markets Inc., 2011 NSSC 310
Date: 20110629
Docket: Hfx No. 305635 and
Hfx No. 322441
Registry: Halifax
Between:
Fredrick Thomas Saturley Plaintiff
and
CIBC World Markets Inc. Defendant
Between:
Gayle Crooks, Archie Gillis, and Karen McGrath Plaintiffs
and
CIBC World Markets Inc./Marches Mondiaux CIBC Inc.
carrying on business as CIBC Wood Gundy Defendant
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P. Moir
Heard: Hfx No. 305635 heard June 24, 2011 and Hfx No. 322441 by correspondence
Subjects: Civil Procedure; Case Management Directions, including content of notice to class members, disclosure of "facts" from witness interviews, and redacting irrelevant text.
Summary: Parties moved for directions on numerous issues.
Issues: Including (1) Should the statement of common issues be included in the notice to class members in the class action? (2) In the other action, must the defendant disclose what its counsel knows as a result of interviewing witnesses? (3) Is it appropriate to redact information merely because it is irrelevant?
Results: Among other issues, (1) In this case, including the statement of common issues could mislead. (2) The principle that litigation privilege does not protect "facts" is restricted to material facts as opposed to evidence. What counsel heard and observed when interviewing witnesses is privileged. (3) Followed Banks v. National Bank. Irrelevancy is a sufficient reason to redact text unless there is good reason to disclose all the text, such as that the redaction would distort the meaning of the rest of the text.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.