Kowall v. McRae, (1979) 2 Man.R.(2d) 78 (CA)

• Judge: Freedman, C.J.M., Hall and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: December 11, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 2 Man.R.(2d) 78 (CA)

Kowall v. McRae (1979), 2 Man.R.(2d) 78 (CA)

MLB headnote and full text

Kowall v. McRae and McRae

Indexed As: Kowall v. McRae

Manitoba Court of Appeal

Freedman, C.J.M., Hall and Huband, JJ.A.

December 11, 1979.

Summary:

This headnote contains no summary.

Evidence - Topic 4238

Witnesses - Privilege - Lawyer-client communications - Documents prepared in contemplation of litigation - The plaintiff was injured in a motor vehicle accident and had limited recollection of the accident - After her action for damages was started she attended a psychologist, who used hypnosis to assist the plaintiff to remember - His report was given to the plaintiff's solicitor to assist in preparation for the litigation - The Manitoba Court of Appeal held that the psychologist's report was privileged from production under the solicitor-client privilege as a document prepared in contemplation of litigation - See paragraphs 1 to 13 - The Court of Appeal held that s. 50.2 of the Manitoba Evidence Act, which provided for the admission of medical reports into evidence, did not affect the privileged nature of such reports prepared for litigation purposes - See paragraphs 17 to 20.

Evidence - Topic 4244

Witnesses - Privilege - Lawyer-client communications - Extent of privilege - Communications with client's agent - The Manitoba Court of Appeal held that the solicitor-client privilege extended to communications between the solicitor and an agent of the client, such as a psychologist, who interviewed and prepared a report on the client.

Cases Noticed:

Wheeler v. Le Marchant (1881), 17 Ch. D. 675, appld. [para. 6].

Sumitomo Shoji Canada Ltd. v. Sanko Steamship Co. Ltd. and others (1978), 5 B.C.L.R. 306, appld. [para. 8].

Taylor v. The Queen (1977), 5 B.C.L.R. 23, dist. [para. 15].

Byrnes v. Russell (1978), 7 B.C.L.R. 348, not folld. [para. 15].

Statutes Noticed:

Manitoba Evidence Act, C.C.S.M., c. E-150, sect. 50.2 [para. 18].

Counsel:

B. Steinfeld, for the plaintiff/respondent;

F.O. Meighen, Q.C., for the defendants/appellants.

This case was heard on October 4, 1979, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., HALL and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On December 11, 1979, HUBAND, J.A., delivered the following judgment for the Court of Appeal: