Supreme Court

Decision Information

Butterfield v Dickson

Court Supreme Court
Date 1994-06-16
Other citations [1994] N.W.T.R. 228 – 28 C.P.C. (3d) 242 (S.C.)
File numbers CV 04897
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Shaughnessy Golf & Country Club v. Uniguard Services (1986), 1 B.C.L.R. (2d) 309 (C.A.)
Waugh v. British Railways Board, [1979] 2 All. E.R. 1169
Davies v. Harrington (1980), 115 D.L.R. (3d) 347 (N.S.C.A.)
Voth Bros. Construction (1974) Ltd. v. North Vancouver School District No. 44, [1981] 5 W.W.R. 91 (B.C.C.A)
McCaig v. Trentowsky (1983), 148 D.L.R. (3d) 724 (N.B.C.A)
Nova, an Alberta Corporation v. Guelph Engineering Co., [1984] 3 W.W.R. 314 (Alta. C.A.)
Arctic Star Lodge (N.W.T.) Ltd. v. New Hampshire Insurance Co., [1989] N.W.T.R. 188 (S.C.)
Anger v. Dykstra (1984), 45 O.R. (2d) 701 (H.C.)
Krusel v. Firth, [1992] B.C.J. NO 2443 (Master)
Hamalainen v. Sippola (1991), 62 B.C.L.R. (2d) 254 (C.A.)

Statutes considered:
Northwest Territories, Supreme Court Rules, R. 193
Northwest Territories, Supreme Court Rules, R. 196
Decision information:

Abstract: The defendant, Bayliner Marine Corporation, seeks an order compelling the co-defendants Ronald Dickson and Laurie Stewart (the Respondents), to file a Statement as to Documents and to produce for discovery certain reports prepared by adjusters retained by the respondents' liability insurers. The Respondents seek a ruling declaring that the reports sought are subject to "legal professional privilege" or "litigation privilege".
Decision: Held that the reports were not protected by privilege as the evidence indicated that the primary aim of the reports was to gather information. According to Vertes J., "a report cannot be shrouded in a veil of privilege merely because counsel has been put on notice or that the report is addressed to counsel and labelled (by the maker of the report) as "privileged"". Costs were ordered to be paid by the Respondents to the Applicants in this matter. Other parties that were peripheral to this application shall not pay nor receive costs from this application.
Subjects: Evidence (Civil) - Privilege - Legal professional or litigation privilege

Decision Content

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