Bolivar v. Craft, (1991) 108 N.S.R.(2d) 94 (CA)

• Judge: Hallett, Matthews and Freeman, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 24, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 108 N.S.R.(2d) 94 (CA)

Bolivar v. Craft (1991), 108 N.S.R.(2d) 94 (CA);

  294 A.P.R. 94

MLB headnote and full text

Davidson Insurance Limited (appellant) v. David Philip Craft (respondent)

(S.C.A. No. 02422)

Indexed As: Bolivar v. Craft

Nova Scotia Supreme Court

Appeal Division

Hallett, Matthews and Freeman, JJ.A.

May 24, 1991.

Summary:

The third party insurer applied for an order that the defendant and his solicitor answer certain questions on discovery.

The Nova Scotia Supreme Court, Trial Division, in a decision reported 101 N.S.R.(2d) 167; 275 A.P.R. 167, dismissed the application. The third party appealed.

The Nova Scotia Supreme Court, Appeal Division, dismissed the appeal.

Evidence - Topic 4256

Witnesses - Privilege - Waiver - Putting communication in issue - In a motor vehicle negligence case the defendant on discovery stated that he pleaded guilty to a charge of driving without insurance upon the advice of his lawyer - He did not attempt to downplay or explain away his guilty plea - His insurer took the position that he thereby waived his solicitor-client privilege and applied for an order requiring him and his lawyer to answer questions arising out of his guilty plea - The Nova Scotia Court of Appeal affirmed that the defendant did not waive his solicitor-client privilege.

Cases Noticed:

Harich v. Stamp et al. (1979), 27 O.R.(2d) 395, dist. [para. 6].

Strait Printing and Publishing Limited v. Causeway Insurance Agencies Limited (1989), 91 N.S.R.(2d) 391; 233 A.P.R. 391, refd to. [para. 7].

Minkoff v. Poole and Lambert (1991), 101 N.S.R.(2d) 143; 275 A.P.R. 143, appld. [para. 9].

Counsel:

Jonathan C.K. Stobie and M. Patti Towler, for the appellant;

Stephen J. Kingston, for the respondent.

This appeal was heard on May 24, 1991, before Hallett, Matthews and Freeman, JJ.A., of the Nova Scotia Supreme Court, Appeal Division. On May 24, 1991, Freeman, J.A., delivered the following oral judgment for the Court of Appeal.