The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

privilege


 

Competition Bureau Documents Privileged from Disclosure to Plaintiffs

Documents and information that the Competition Bureau collects from third parties during its investigations are protected by public interest privilege from disclosure to plaintiffs in private actions, the BC Supreme ... [more] Full article

Defence counsel removed for deliberate use of privileged documents

It has not taken long for Ontario litigants to begin feeling the impact of the recent decision by Canada’s Supreme Court that protection of solicitor-client privilege required the removal of plaintiff’s counsel in Celanese Canada Inc. v. Murray Demolition. If there was any doubt as to the serious consequences that can flow from counsel’s receipt and review of an opposing party’s privileged documents, that doubt was surely erased for a defendant that was recently deprived of its counsel of choice at the beginning of trial. [more] Full article

Canada’s top court removes plaintiff’s counsel after its receipt of privileged documents

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. [more] Full article

Supreme Court of Canada confirms litigation privilege of limited duration

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.' [more] Full article