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Notes taken post-accident can lose privilege if used to refresh memory, court decision suggests

By Adrian Miedema

Privileged notes taken by a witness — or by the employer from a witness — after a workplace accident may cease to be privileged if used by the witness to prepare to testify in court, a recent court decision suggests.

The case, which was not an occupational health and safety case, involved charges of refusing to provide an ‘approved screening device’ sample. The charge is often laid where a driver refuses to blow into a breathalyser to determine whether he or she was driving while impaired…

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