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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Osler, Hoskin & Harcourt LLP ordered by Published Date Descending.
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International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries
Canada
20 Sep 2019
2
Federal Court Of Appeal Clarifies And Reaffirms Transactional Common Interest Privilege: Iggillis Holdings Inc. v. M.N.R., 2018 FCA 51
This decision caused considerable concern, as it had the potential to create a significant impediment to transaction execution.
Canada
9 Mar 2018
3
Shifting Sands Of The Law Of Privilege
In the past year, the Supreme Court of Canada reaffirmed the sanctity of solicitor-client and litigation privilege, setting a high standard for legislatures that intend to abrogate from the broad protection...
Canada
3 Jan 2018
4
UK Court Holds Counsel's Interview Notes During Internal Investigation Are Not Privileged
In a decision released on May 8, 2017, London's High Court held that interview notes and working papers prepared by a company's external counsel as part of an internal investigation into allegations...
Canada
8 Jun 2017
5
R. v Shafia: Court Of Appeal Applies Stringent Standard For Admitting Fresh Evidence Challenging Jurisdiction Of Trial Court
In R v Shafia, the Court of Appeal for Ontario refused to admit evidence proffered, for the first time on appeal, to establish that the trial court lacked jurisdiction to try an appellant...
Canada
17 Mar 2017
6
Deal Privilege May No Longer Protect Shared Legal Advice Following Minister Of National Revenue V. Iggillis Holdings Inc., 2016 FC 1352
A recent decision of the Federal Court of Canada may have significant implications for how commercial parties conduct themselves.
Canada
4 Jan 2017
7
R. V. Pahl: Determining A Sentence's Fitness On Appeal
In a sentencing appeal, the British Columbia Court of Appeal in R v. Pahl split on the issue of how to properly determine whether a sentence was fit in the context of disputes over...
Canada
19 Dec 2016
8
Harle v. 101090442 Saskatchewan Ltd: Clarifying The Scope Of A Trial Court's Jurisdiction On Remitted Issues
The Saskatchewan Court of Appeal in Harle v. 101090442 Saskatchewan Ltd. clarified the scope of the trial court's jurisdiction in hearing new evidence on issues remitted following appeal...
Canada
19 Dec 2016
9
Supreme Court Of Canada Confirms Robust Protection Of Solicitor-Client And Litigation Privilege
The Supreme Court of Canada recently released two significant decisions on solicitor-client privilege and litigation privilege...
Canada
5 Dec 2016
10
Ontario Court Of Appeal Confirms Importance Of Weighing Defence Evidence
The Ontario Court of Appeal recently confirmed the importance of defence evidence when opposing leave to bring statutory misrepresentation claims under Part XXIII.1 of the Securities Act.
Canada
12 Sep 2016
11
No More Kicks At The Discovery Can: Motion To Examine CEO Second Witnesses Denied
The plaintiffs in Fischer allege that the defendant mutual fund managers AIC and CI breached a duty of care and fiduciary duty owed to class members by permitting market timing activity.
Canada
20 Jul 2016
12
R v Jackson: Ontario Court Of Appeal Hears Moot Appeal Regarding Disclosure Application
The trail judge ordered this disclosure which was subsequently upheld by a judge of the Superior Court of Justice.
Canada
8 Mar 2016
13
Hemeon: Determining The Scope Of Discovery In Class Actions
In Hemeon v. South West Nova District Health Authority, the Supreme Court of Nova Scotia recently denied the defendant's motion for production of the representative plaintiff's medical records.
Canada
30 Oct 2015
14
Federal Budget Proposes Statutory Privilege For Canadian Intellectual Property Agents
On April 21, 2015, the Government of Canada, through the Honourable Joe Oliver, Minister of Finance, tabled Canada’s federal budget for 2015 (Budget 2015).
Canada
24 Apr 2015
15
Class Members Found To Waive Solicitor-Client Privilege
A recent Ontario decision by Justice Perell has analyzed when class members will have waived privilege over solicitor-client communications.
Canada
5 Nov 2014
16
Mehedi v. 2057161 Ontario Inc.: Motion To Re-Open Case In Light Of New Facts To Be Brought In Superior Court
A Superior Court judgment is upheld by the Court of Appeal. The unsuccessful party moves to re-open the case and introduce new evidence in light of having discovered new facts.
Canada
9 Oct 2014
17
A "Core" Decision: Lessons On The Leave Test For Alleged Misrepresentations In U.S. Disclosure Documents
The Ontario Securities Act distinguishes between misrepresentations contained in "core documents" and misrepresentations contained in non-core documents.
Canada
24 Sep 2014
18
Appellate Court Recognizes And Protects Litigation Privilege In A Regulatory Investigation
An appellate court recently concluded that litigation privilege may be appropriately claimed by a target of a regulatory investigation.
Canada
24 Jun 2014
19
Supreme Court Will Hear Appeals On Issues Of Settlement Privilege, Test For Class Certification And Test For Summary Judgment
On June 28, 2012, the Supreme Court of Canada granted leave to appeal in four separate cases that will be of significant interest to lawyers and potential civil litigants both in Ontario and across Canada.
Canada
9 Jul 2012
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