Legal Blog

Litigation Privilege

Joffe v. Budds’ BMW 2023 Ont SCJ (Div Ct)

If a party on discovery is asked for facts contained in his or her file relating either to his own case or to that of his opponent, he or she must disclose the relevant facts contained in any statement notwithstanding that the source of information is a privileged report or document. Conversely, the party does not have to produce the document itself.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.