cover image: IN THE SUPREME COURT OF BRITISH COLUMBIA - Reasons for Judgment

IN THE SUPREME COURT OF BRITISH COLUMBIA - Reasons for Judgment

1 Mar 2024

14 in the absence of the records: there must be a clear description of the records that should include the date it was created, the nature of the communication and the author and recipient. [...] An analysis of what was and was not decided in that case may assist in the development of the jurisprudence [31] Turning to Minister of Finance, the critical passage for present purposes is the following: [119] The result is that I conclude that the adjudicator was correct when she decided that the petitioner did not provide sufficient evidence to establish that the attachment to the legitimately. [...] [Emphasis added.] [32] I take Minister of Finance as standing for the legal proposition that, in a case involving an assertion of solicitor-client privilege where the claim of privilege is plausible but is not made out on the evidence, it is open to the adjudicator (or to the court standing in the shoes of the adjudicator on an application for judicial review) to open the door to further evidence. [...] 44(1)(b), the adjudicator ordered the Ministry to produce the unredacted material to her for the purpose of adjudicating the availability of those exceptions. [...] 8: … the Letters reflect the views of the Premier on the importance of certain policy priorities, and mark the initiation of a fluid process of policy formulation within Cabinet.

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Pages
23
Published in
Canada