The appellant's book of documents referred to prior meetings relating to the reassessments in issue. The Minister applied under s. 116(2) of the Rules to compel the appellant to disclose who was at the meetings, where they were held, what was said, and what, if anything, was recorded. The taxpayer claimed litigation privilege on the basis that the meetings, which were directed by the appellant's counsel, were in anticipation of future tax litigation.
Favreau J found that the taxpayer had failed to make a prima facie case for privilege. After noting that the meetings were three years before the related reassessments, he stated (at para. 11):
A lawyer's presence at a meeting is not indicative that his legal advice was being sought. The appellant has not provided any information concerning the nature of the legal advice sought from Mr. Sullivan.