DISCOVERY OF CIVIL LITIGATION TRIAL PREPARATION IN CANADA
AbstractGiven that reform activity on the topic is circulating within Canada, this article considers three sources of information protection in civil discovery proceedings: evidence exclusions, solicitor-client privilege and claim or defence exclusions. It considers the origins of each and connections between them, the kind of information protected and the stage at which each applies, in an attempt to test their validity and assess the need for change. It examines the rule of non-disclosure regarding evidence and the associated privilege to withhold documents relating exclusively to the party giving discovery, the English and Canadian history of the limitations, the anticipation of litigation aspect of solicitor-client privilege and arguments for and against maintaining the traditional limitations.
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