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.
Tendering admissions made by the defendant in a criminal case is easy – except when there is reason to dispute whether it was the defendant who actually made the statement. Then things can get complicated in a hurry. This Video Blog attempts to sift through some contradictory jurisprudence and provide a framework for admitting statements in these situations.
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.
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 …
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.
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.
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 …