Court of Queen ’ s Bench of Alberta Citation: Snehotta v. Zenker, 2010 ABQB 726 Date: 20101123 Docket: 0703 09812 Registry: Edmonton Between: Christina Snehotta, 984958 Alberta Ltd. and 1062538 Alberta Ltd. Applicants (Plaintiffs) - and - Wolfgang Zenker, Brunhilde Gottlicher, Jochen Neumann, Josephine Neumann, Norman Simons, Elisabeth Huber, Ernest Hee, Miller Thomson, 892516 Alberta Ltd., 954470 Alberta Ltd. and Rudiger Seyen Respondents (Defendants) _______________________________________________________ Supplementary Reasons for Decision of the Honourable Associate Chief Justice John D.

Rooke _______________________________________________________ [ 1 ] These Supplementary Reasons for Decision follow from my Decision of August 31, 2010, reported as Snehotta v. Zenker , 2010 ABQB 556 , which addressed the disputed privileged status of various documents in the affidavit of records of Mr. Ernest Hee. [ 2 ] In my August 31, 2010 Decision I commented at paras. 26 and 32 on three German language documents: without prejudice records prepared for settlement negotiations #3, 13, and 19. I instructed that if Mr.

Hee chose to pursue his claim he had 60 days to provide a certified translation of those documents, otherwise I would conclude that no privilege attached to the three German language documents.

[ 3 ] On October 26, 2010 a further affidavit of Mr. Hee that attached certified translations of those three documents was provided to me. I have reviewed the content of the translations and conclude these documents clearly relate to a settlement offer or were prepared to develop a settlement offer. I find that these German language documents are therefore privileged, and do not need to be disclosed to the Plaintiffs. Heard on the 16 th day of March, 2010. Dated at the City of Edmonton, Alberta this 23 rd day of November, 2010. John D. Rooke A.C.J.C.Q.B.A. Appearances: J. E. Russell, Q.C.

Scott Hall LLP for the Plaintiffs L. R. Aufricht Gowling Lafleur Henderson LLP for the Defendant Rudiger Seyen W. W. Shores, Q.C., and D. N. Jardine Shores Jardine LLP for the Defendants Wolfgang Zenker, Brunhilde Gottlicher, Jochen Neumann, Josephine Neumann, Elisabeth Huber, Miller Thomson LLP, Miller Thomson, 892516 Alberta Ltd., and 954470 Alberta Ltd. M. D. Tiessen Peacock Linder & Halt LLP for the Defendant Ernest Hee P. G. Kirman Weir Bowen LLP

for the Defendant Norman Simons