Dupont Canada Inc. v. Emballage St-Jean Ltée
T-284-97
Hugessen J.
15/9/99
5 pp.
Appeal from Prothonotary's decision allowing defendant's motion, ordering plaintiff's representative on discovery to answer four questions-No doubt as to relevance of questions, as all dealing directly with infringing, non-infringing character of defendant's product-Questions refused to be answered on ground of litigation privilege-Litigation privilege not same as solicitor and client privilege, far more restricted privilege than latter-Privilege attaching to documents conveyed to solicitor for purposes of, in contemplation of litigation-Not applying to relevant facts within party's knowledge, even though information may also be contained in documents generated for purposes of litigation-Fact of communication, not fact communicated which is protected-Examination for discovery examination not of witness but of party-Seeking knowledge of party with respect to facts relevant, at issue in subject litigation-Purpose of litigation privilege to protect sanctity of solicitor's file-Sanctity of solicitor's file not breached by revelation of knowledge obtained by client simply because knowledge obtained during course of preparation for, in contemplation of litigation-Questions properly ordered to be answered-Seeking to obtain from plaintiff information with respect to characteristics of defendant's product-Not matter covered by litigation privilege-Appeal dismissed.