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Are Lawyers' Notes Privileged? - Lawyers' Interview Notes Created in Internal Investigation Ordered to Be Disclosed in U.K....

A recent English decision on privilege has cast doubt on the legal protection provided to lawyers' work product when assisting corporate clients with internal investigations. In The Director of the Serious Fraud Office v...more

Supreme Court Clarifies Limits on Tribunal Participation in Reviews of Its Own Decisions

In an increasingly regulated world, governments have established a litany of administrative tribunals to oversee and administer complex regulatory schemes. Often, applying their specialized expertise, such tribunals...more

A Little Less Murky: The Court of Appeal Clarifies the Line Between Oppression and Derivative Actions

On May 26, 2015, the Court of Appeal for Ontario released its decision in Rea et al v Wildeboer, clarifying the distinct role of derivative actions under the Ontario Business Corporations Act. The role is so distinct that the...more

Supreme Court Clarifies that Expert’s Duty to the Court is a Threshold Requirement for Admissibility

The Supreme Court of Canada issued a decision today which furthers existing law requiring experts in court proceedings to give fair, objective and non-partisan opinion evidence. A number of cases stood for the proposition...more

Proportionality Trumps “Old Brain Thinking” Post-Hryniak

In the recent decision of Letang v Hertz Canada Ltd, Justice Myers refused to adjourn a trial date despite the last-minute production of documents, decrying “old brain thinking” that has thwarted timely access to Canada’s...more

2/3/2015  /  Access To Justice , Canada

Shareholders Have an Absolute Right to an Auditor and to Audited Financial Statements - Financial Hardship is Irrelevant, Says...

In a decision released on January 29, 2014, the B.C. Court of Appeal ruled that companies incorporated under the Canada Business Corporations Act must, by operation of law, appoint an auditor, and thereafter produce annual...more

Justice Belobaba Certifies Ontario’s first “Misclassification” Overtime Class Action

In a decision that marks the first of its kind, on August 20, 2013, Justice Belobaba of the Ontario Superior Court of Justice certified a class action alleging that BMO Nesbitt Burns Inc. (“BMO”) failed to pay overtime to a...more

8/23/2013
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