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Litigation privilege upheld for municipal documents prepared after notice of flooding claim.
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.
Storer's lien limited to 60 days' charges because notice invalidly included unrelated third-party debts.
The appellants' sailboat was seized and stored at the respondent's facility.
A bailiff provided a notice of lien that included amounts unrelated to the respondent's storage charges.
The application judge found the notice valid and awarded the respondent a lien and judgment for $29,920.
On appeal, the Court of Appeal held that the notice was invalid because it overstated the redemption amount by including third-party debts.
Consequently, under s. 4(6) of the Repair and Storage Liens Act, the respondent's lien was limited to 60 days of storage charges ($1,200), and the judgment was set aside.
