In this video blog, I consider a thorny problem: when are communications that go from a client/lawyer through a third party and then to a lawyer/client protected by privilege. This complex issue was recently considered by the Saskatchewan Court of Appeal in Redhead Equipment Ltd. v. Canada, 2016 SKCA 115.
Principled Approach to Evidentiary Admissibility
In this video blog, I look at the decision of the Ontario Court of Appeal in R v Khan, 2017 ONCA 114, and the division in the Court regarding how best to approach questions of evidentiary admissibility. Is it better to approach evidentiary problems with a system of rules and exceptions, or should a “principled approach” be adopted? It’s a …
R vs HB: The Distinction Between Expert & Non-Expert Opinion
In this video blog, I examine the decision of the Ontario Court of Appeal in R v HB, 2016 ONCA 953 which explores the distinction between expert and non-expert opinion evidence. This distinction, which isn’t always treated with the care it deserves, is extremely important. This blog explains what the problem is, and how it should be resolved.
Lizotte vs Aviva: Litigation Privilege at SCC
In this video blog, I examine the Supreme Court’s recent decision on litigation privilege in Lizotte v. Aviva Insurance Co., 2016 SCC 52. The blog reviews the decision and explains what it does for the privilege, and then considers four big questions that emerge in light of the judgment.
Self-Incrimination & Section 5(2) of CEA
Most lawyers believe that the privilege against self-incrimination in proceedings where a witness is not on trial is completely encapsulated in section 13 of the Charter of Rights and Freedoms. I don’t believe this to be true. In this video blog, I explore a critical situation in which section 13 does NOT provide protection while section 5(2) of the CEA …
The Exception to Traditional Hearsay Exceptions (10mins)
In this video blog, I address the Ontario Court of Appeal’s recent decision in R. v. Lougaranth, 2016 ONCA 550, which addresses one question: in what circumstances can hearsay that comes within the confines of a traditional hearsay exception nonetheless be excluded? If you are new to your understanding of the residual exception to the hearsay rule, I strongly suggest you …
Dudley vs BC: Scope of Litigation Privilege
This video blog examines the recent decision of the British Columbia Court of Appeal in Dudley Estate v British Columbia, 2016 BCCA 328. The decision sets some important limits on the scope of litigation privilege, and in the process raises a few questions that I explore in this blog.