CRB Consulting Inc. v. Massage Addict Incorporated et al., 2023 FC 1215
Associate Justice Horne - 2023-09-08
Read full decision. Automatically generated summary:
The defendants have brought a motion for security for costs. The supporting affidavit was sworn by a private investigator, who was cross-examined. During that cross-examination, the defendants refused to produce the investigator’s file notes, and a report from the investigator to counsel for the defendants, on the basis of litigation privilege. This is a motion within a motion. The plaintiff moves for production of the file notes and report on the basis that privilege has been waived. I cannot conclude that there has been an express waiver of privilege over these documents, or that waiver should be implied on the basis of fairness. The motion will be dismissed.
Decision relates to:
- T-576-23 - CRB CONSULTING INC. v. MASSAGE ADDICT INCORPORATED et Al.