The accused was charged with failing or refusing to comply with an Approved Screening Device (ASD) demand.
During trial, the accused revealed he had made notes of events the day following his involvement with the officer and had reviewed them prior to testifying.
The Crown sought production of the notes.
The defence objected on the basis of litigation privilege.
The court held that while the notes were initially protected by litigation privilege as they were made in anticipation of litigation, the accused waived that privilege by using the notes to refresh his memory prior to testifying.
The court ordered production of the notes to the Crown.
