In this video blog, I explore some common issues that arise when a party tries to rely on legal advice privilege, and the opposing party suggests that privilege was waived when the client’s “state of mind” came in issue. Several recent cases have done a good job of clearing up this doctrine, and I look at it in detail. If …
Third Parties & Legal Advice Privilege
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. If you enjoyed this post, do me a favour and …
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. If you enjoyed this post, do me a favour and share!TwitterFacebookLinkedinTumblremail
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 …
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. If you enjoyed this post, do me a favour and share!TwitterFacebookLinkedinTumblremail
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