Ontario Barrister Civil Practice Exam

Litigation privilege is a legal principle that protects certain documents and communications that are created for the dominant purpose of litigation. This privilege exists to encourage candid communication between parties and their legal representatives, ensuring that they can prepare their cases without the fear that their strategic thoughts and materials will be exposed to the opposing party.

When option B states that litigation privilege protects documents created for litigation purposes from being disclosed, it accurately reflects the essence of this privilege. Specifically, it applies to various documents such as witness statements, expert reports, and notes taken by legal counsel that are prepared specifically in anticipation of or during legal proceedings. This protection ensures that these materials remain confidential and cannot be compelled to be disclosed during the discovery process, thereby safeguarding the legal strategy of a party involved in litigation.

In contrast, other options address different concepts. Settlement discussions are usually protected by settlement negotiation privilege, focusing on confidentiality in compromise discussions rather than the broader scope of litigation itself. Evidence collected during a trial is generally subject to rules of admissibility rather than privilege, and public records of court cases are inherently accessible to the public as part of the transparency of the judicial process. Therefore, the focus of litigation privilege is specifically on the protection of documents created with a clear litigation purpose, making option B the