The plaintiff brought a motion seeking inspection by the court of numerous documents listed in Schedule B of the defendant municipality’s affidavit of documents, for which litigation privilege had been claimed.
The underlying action concerned property damage allegedly caused by flooding of the Batteaux River, with the plaintiff asserting claims including negligence, nuisance, trespass, and misfeasance in public office.
The plaintiff argued the documents might reveal a potential cover‑up and therefore should be reviewed to determine whether privilege properly applied.
The court held that the documents were created after the municipality received notice of a potential claim and were prepared for the dominant purpose of anticipated litigation and obtaining legal advice.
The court concluded that the municipality had established litigation privilege and that speculation about possible misconduct did not defeat the privilege claim.
