Novacor Chemicals ( Canada ) Ltd. v. Canada
T-770-94
Hugessen J.
28/1/99
6 pp.
Motion seeking re-attendance of defendant's representative on discovery, James C. Powell, to answer further questions-At issue claim to privilege by defendant with respect to five documents, now four, listed in defendant's affidavit of documents-Action by plaintiffs against Crown seeking recovery of monies said to have been recovered by Crown from one Wright-Latter formerly plaintiffs' employee-Charged with, plead guilty on first appearance to tax evasion-Mr. Powell, defendant's representative on discovery, investigating Wright's taxation affairs-Documents at issue listed in paragraphs (a) to (e) inclusive-Claim to privilege in entirety withdrawn with respect to item (e)-Items (b), (c) and (d) communications between client department, solicitor in Department of Justice with respect to pending litigation-Protected by solicitor and client privilege, need not be produced-Document listed as (a) report of investigation by investigator with Department of National Revenue-Internal document not prepared for purposes of obtaining, seeking legal advice or in contemplation of litigation-Document not protected by solicitor and client privilege-Not qualified for investigation privilege-Other possible basis of withholding document Income Tax Act, s. 241, statutory prohibition against disclosure of confidential taxpayer information-Document not containing so much information about Mr. Wright's and companies' personal taxation matters that it cannot be revealed subject to suitable editing-Order allowing document to be revealed, subject to counsel for defendant editing it by blacking out portions of it which, in her view, would constitute breach of s. 241-Order requiring Mr. Powell to re-attend, answer all proper questions bearing on document listed as item (a) in Crown's answers to undertakings dated August 27, 1998-Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1, s. 241.