The plaintiff brought a motion to compel the Attorney General of Canada to produce remaining documents from Schedule B of its supplementary affidavit of documents, challenging the AG's claims of solicitor-client and litigation privilege.
The plaintiff also sought an order that the AG's representative reattend discovery at his own expense.
The court reviewed the descriptions of the documents, including those claimed as privileged due to 'family coding' (attachments to privileged documents), and inspected several documents directly.
The court found the claims of privilege were valid and dismissed the motion for production.
The court also declined to order the representative to pay for his reattendance, as there was no finding of misconduct.
Costs of $5,000 were awarded to the AG.
