Court of Appeal of Quebec

Lalande c. Compagnie d'arrimage de Québec ltée

April 30, 2018

200-09-009555-175

Morissette, Dutil, C. Gagnon

Appeal from a judgment of the Superior Court allowing an objection to the evidence. Allowed.

The objection concerned disclosure of a report by a consulting engineering firm retained by one of the respondents. The trial judge felt that the report in issue was protected by a litigation privilege. The appellants submit that the judge erred in law by rendering a decision without first consulting the report.

The appellants are correct. A bundle of presumptions of fact drawn from elements already in the trial record reveals that the situation is sufficiently ambiguous to permit the judge to read the report. A reading reveals that  it is clear that its primary objective was not to prepare for any future dispute. In these conditions, immunity from disclosure does not apply and the judge should have ordered the report to be disclosed.

*Summary by SOQUIJ
Text of the decision: Http://citoyens.soquij.qc.ca. This link open an external website in a new window.

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