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Litigation Privilege Canada

Bennett Jones LLP

Protecting Privilege on Construction Projects

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Construction projects are often complex and involve many different parties and moving parts. This often necessitates a continued investigation of facts and assessment of legal rights and obligations to ensure that the owner...more

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Submitting an Incident Response Report to a Regulator? Consider Privilege Waived

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A recent decision out of the Alberta Court of Appeal found that as soon as a company handed over their investigative reports to regulators in connection with a pipeline incident, privilege over the reports was lost....more

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Privilege is Sacrosanct: Ontario Court of Appeal Affirms High Threshold for Abrogation of Privilege

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Legislation must show a clear, explicit and unequivocal intention to abrogate privilege before a party is required to disclose privileged information, the Ontario Court of Appeal reiterated in its recent decision of Ontario...more

Blake, Cassels & Graydon LLP

Alberta Judgment a Strong Reminder to Exercise Caution When Claiming Litigation Privilege Protection

The Alberta Court of Queen’s Bench recently released its decision in TransAlta Corporation v. Market Surveillance Administrator (TransAlta v. MSA), ordering TransAlta Corporation (TransAlta) to produce hundreds of documents...more

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Regulatory Proceedings and Litigation Privilege: ‘Zone of Privacy’ Bolstered in Alberta

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Litigation privilege applies to regulatory proceedings where the consequences of the proceedings are significant, and the privilege cannot be excluded by statute without express and clear language, the Alberta Court of Appeal...more

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Settlement Privilege, Limitation Periods and the Meaning of Without Prejudice

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In Bellatrix Exploration Ltd. v Penn West Petroleum Ltd., 2013 ABCA 10, the Alberta Court of Appeal explains the key principles of settlement privilege and confirms the important protection this provides. The Court addresses...more

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Legal Privilege - September 2013

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This guide to solicitor-client privilege and litigation privilege does not replace specific legal advice. Legal Privilege - Privilege provides special protection that exempts certain documents and other forms...more

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