Shinwa Kaiun K.K. v. Queen of Alberni ( The )
T-659-92
Hargrave P.
21/5/97
9 pp.
Motion for access to work product contained in counsel for defendant's brief-Action involving collision between bulk carrier Shinwa Maru and ferry Queen of Alberni-Defendant pleading, among other things, limitation of liability under Canada Shipping Act-Many questions on examination for discovery dealing with Queen of Alberni's radar and its condition at time of collision and shortly after collision-Whether plaintiff may delve into brief of counsel for defendant and if so, to what extent-Sanctity about counsel's brief which has historically been inviolate-Obvious limitations bordering experts, material-Witness, by reason of R. 458(1)(b) need not identify expert-Misnomer to characterize counsel's work product under rubric of solicitor-client privilege which in fact refers to professional relationship between two individuals-Question by plaintiff simply as to date contained in counsel's brief-Witness need not answer question as to date counsel organized, expert examination of radar aboard Queen of Alberni-State of confusion existing in Canada as to whether solicitor/client privilege or exemption from discovery that protects counsel's brief-Protection of counsel's brief not matter of solicitor/client privilege, rather area on which other side not entitled to discovery-Motion dismissed-Canada Shipping Act, R.S.C., 1985, c. S-9-Federal Court Rules, C.R.C., c. 663, R. 458(1)(b) (as am. by SOR/90-846, s. 15).