Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 288 o Sufficient detail to identify the document and allow the Commissioner to determine whether a prima facie case for the claim of litigation privilege has been made. It should include: A description of the litigation. The dates of the litigation. A description of the party to whom the correspondence is written to, or received from, or at least a description of the role of the party (such as medical expert, potential witness, client). A description of an enclosure where relevant. Some particulars as to the purpose of the document.997 For more on what the Commissioner requires, see Part 9: Solicitor-Client or Litigation Privilege in the Rules of Procedure. If the government institution provides less than what is needed for a prima facie case to be met, the Commissioner may request additional details. If the government institution fails to provide the additional details, the Commissioner may do one or both of the following, pursuant to subsection 54(2) of FOIP: • Summon and enforce the appearance of any person, including employees of a government institution, before the Commissioner and compel them to give oral and/or written evidence under oath or affirmation and produce any documents required. • Seek an order from the Court of King’s Bench for production of the records from the government institution. Settlement Privilege Settlement privilege is privilege that applies to the discussions leading up to a resolution of a dispute in the face of litigation. It promotes the settlement of lawsuits.998 997 Gichuru v. British Columbia (Information and Privacy Commissioner), 2014 BCCA 259 (CanLII) at [43]. 998 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 201.
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