Bolivar v. Craft, (1991) 101 N.S.R.(2d) 167 (TD)

• Judge: Goodfellow, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 03, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 101 N.S.R.(2d) 167 (TD)

Bolivar v. Craft (1991), 101 N.S.R.(2d) 167 (TD);

    275 A.P.R. 167

MLB headnote and full text

Ira William Bolivar and Brenda Mae Bolivar (plaintiffs) v. David Philip Craft (defendant) and Davidson Insurance Limited (third party)

(S.BW. No. 1399)

Indexed As: Bolivar v. Craft

Nova Scotia Supreme Court

Trial Division

Goodfellow, J.

January 3, 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, dismissed the application.

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 Supreme Court, Trial Division, held that the defendant did not waive his solicitor-client privilege.

Cases Noticed:

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

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

Hunter et al. v. Rogers, [1982] 2 W.W.R. 189, appld. [para. 9].

Counsel:

Jonathan C.K. Stobie, for the third party (applicant);

Stephen Kingston, for the defendant (respondent).

This case was heard on January 3, 1991, at Halifax, Nova Scotia, in Chambers, before Goodfellow, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following oral judgment on January 3, 1991: