View Post

Third Parties & Legal Advice Privilege

In Evidence Law, Privilege, Privileges and Immunities, Teaching Capsules by Peter SankoffLeave a Comment

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 …

If you enjoyed this post, do me a favour and share!Tweet about this on Twitter
Twitter
Share on Facebook
Facebook
Share on Google+
Google+
Share on LinkedIn
Linkedin
Share on Tumblr
Tumblr
Email this to someone
email
View Post

Principled Approach to Evidentiary Admissibility

In Evidence Law, Probative Value and Prejudice, Relevance, Teaching Capsules, Theory and Principle, Theory and Principle by Peter SankoffLeave a Comment

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 …

If you enjoyed this post, do me a favour and share!Tweet about this on Twitter
Twitter
Share on Facebook
Facebook
Share on Google+
Google+
Share on LinkedIn
Linkedin
Share on Tumblr
Tumblr
Email this to someone
email
View Post

R vs HB: The Distinction Between Expert & Non-Expert Opinion

In Evidence Law, Opinion & Evidence, Opinion and Experts, Teaching Capsules by Peter SankoffLeave a Comment

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. If you enjoyed …

If you enjoyed this post, do me a favour and share!Tweet about this on Twitter
Twitter
Share on Facebook
Facebook
Share on Google+
Google+
Share on LinkedIn
Linkedin
Share on Tumblr
Tumblr
Email this to someone
email
View Post

Lizotte vs Aviva: Litigation Privilege at SCC

In Case Comments, Evidence Law, My picks, Privilege, Privileges and Immunities, Teaching Capsules by Peter SankoffLeave a Comment

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!TwitterFacebookGoogle+LinkedinTumblremail

If you enjoyed this post, do me a favour and share!Tweet about this on Twitter
Twitter
Share on Facebook
Facebook
Share on Google+
Google+
Share on LinkedIn
Linkedin
Share on Tumblr
Tumblr
Email this to someone
email
View Post

Dudley vs BC: Scope of Litigation Privilege

In Evidence Law, Privilege, Privileges and Immunities, Teaching Capsules by Peter SankoffLeave a Comment

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!TwitterFacebookGoogle+LinkedinTumblremail

If you enjoyed this post, do me a favour and share!Tweet about this on Twitter
Twitter
Share on Facebook
Facebook
Share on Google+
Google+
Share on LinkedIn
Linkedin
Share on Tumblr
Tumblr
Email this to someone
email