On a discovery-related motion in a libel action, the moving party successfully challenged broad documentary privilege claims, redactions, and production deficiencies asserted by federal government defendants.
The court held that a party claiming privilege bears the onus of justifying it on a document-by-document basis and that unsupported references to privilege or privacy were insufficient, particularly where in-house counsel communications extended beyond the period when counsel was acting in a legal role.
Claims under ss. 38 and 39 of the Canada Evidence Act had been withdrawn and the affected documents were ordered produced, together with matching information for missing attachments and a further and better sworn list of documents.
The moving party also obtained additional discovery time, but failed to displace the responding parties’ choice of designated witness.
Costs were awarded to the moving party on a partial indemnity basis.
