A recent Ontario Superior Court decision serves as a strong reminder that counsel should ensure that their expert witness is in fact an expert and not merely an advocate dressed up as an expert.

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In its recent decision in Celanese Canada Inc. v. Murray Demolition Corp. the Supreme Court of Canada unanimously favoured protecting solicitor-client privilege over the right to be represented by one’s solicitor of choice.

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In its first review of the lifespan of litigation privilege, the Supreme Court of Canada has recently ruled that, unlike solicitor-client privilege, it ‘expires with the litigation of which it was born.’

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