When will litigation privilege remain in place for an accused who testifies that he has refreshed his memory from a previously accessed document?

[54] The defence has argued that the litigation privilege should remain in place for an accused who testifies even where he has refreshed his memory from the document. In response to this argument I make reference to Fish J’s comment in Blank v. Canada (Minister of Justice) at paragraph 37: “Thus, the principle "once privileged, always privileged", so vital to the solicitor-client privilege, is foreign to the litigation privilege. The litigation privilege, unlike the solicitor-client privilege, is neither absolute in scope nor permanent in duration.”