Plaintiff
Defendant
Background:
Richard Perry sued General Motors Canada and Dueck Richmond Chevrolet Buick Cadillac GMC Ltd. for issues related to a used 2013 GMC Terrain vehicle he purchased in October 2019. He claimed the vehicle used excessive oil and that the defendants failed to honor the warranty, requiring numerous tests. Perry alleged the defendants conspired to dismiss his warranty claim and forged documents.
Legal Issues:
Perry sought the unredacted disclosure of two customer service logs maintained by General Motors Canada, arguing they were concealing relevant evidence. The defendants claimed redactions were justified under litigation, solicitor-client, and settlement privileges.
Legal Framework:
The case involved Rule 7-1 of the Supreme Court Civil Rules (BC), governing document production and privilege claims. The court applied tests for litigation privilege from Raj v. Khosravi and standards for solicitor-client and settlement privilege based on Pritchard v. Ontario and Sable Offshore Energy Inc. v. Ameron International Corp.
Court’s Analysis:
The court reviewed the redacted and unredacted documents in camera. It found most redactions justified, except for a few minor changes, including shortening a redaction on page 26 of Exhibit N. The court also directed that General Motors Canada label each redaction with the claimed privilege.
Conclusion:
Perry’s application was largely dismissed. General Motors Canada was awarded costs on Scale B, to be paid by Perry. The exact amount of costs was not specified in the judgment.
Court
Supreme Court of British ColumbiaCase Number
S218173Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
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