Nova Chemicals et al. v. CEDA-Reactor Ltd. et al. 2014 ONSC 3995 (Canlii)

  • July 09, 2014

Date: 2014-07-09 Docket: 3249-11. Leach J. | Link

Plaintiff asserted that defendant’s initial production of 33 documents was deficient and sought an order directing implementation of a discovery plan that included among other things: witness statements, emails and an investigation report prepared by the defendants (the  “Incident Bulletin”). The Court found that most of the information set forth in the Incident Bulletin and witness statements was factual information which the defendants would have been obliged to disclose to the plaintiffs during oral discovery examinations. However, even if there was a valid basis for asserting privilege, there was an express and/or implied waiver of privilege. The Court held that “there was absolutely nothing ‘surreptitious’, ‘inadvertent’ or ‘unintended’ about [the] actions in supplying [the plaintiffs] with copies of the Incident Bulletin and witness statements…”