Is there any case law supporting disclosure of privileged information?

Nova Scotia, Canada

The following excerpt is from Brown v. Capital District Health Authority, 2006 NSSC 348 (CanLII):

Slavutych v. Baker, 1975 CanLII 5 (SCC), [1976] 1 S.C.R. 254, a decision which imported into Canada the four-part Wigmore analysis of privilege claims, is cited as supporting disclosure.

Crosby v. Fisher, 2002 CarswellNS 104 (NSSC), is cited as deciding that, while material relating to the internal workings of the bar society’s discipline process was not relevant in that case, in other cases, relevant material, not available elsewhere, is not be protected from disclosure. The applicant submits that the circumstances in this case differ from those in Crosby, where, applying the fourth Wigmore criterion, Justice Hood determined that injury from disclosure would be greater than the benefit gained for correct disposal of that case. The difference was that she found the materials sought to be disclosed were not relevant to the civil litigation. Since the defendant nurse in that case publicly admitted misconduct (through release of the Settlement Proposal), the details of her misconduct, no longer carry a significant privacy interest.

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