No Password Required: Education Lead at Semgrep and Former Czar for Canada’s Election Security
4 Key Takeaways | Major U.S. Supreme Court Trademark & Copyright Decisions
Hidden Traffic : New Human Trafficking and Child Labor Regulation in Canada with Sean Stephenson
[Podcast] Catching Up on Canadian Environmental Regulation
[Podcast] USMCA in Review, with C.J. Mahoney, Former Deputy U.S. Trade Representative
Episode 4 - USMCA and the trade relationship between the U.S.A, Mexico, & China
Five Questions, Five Answers: Electric Mobility Canada on Its Promises for a Cleaner Economy
Five Questions, Five Answers: The Voice of Canadian Automotive Parts Manufacturers
The Great Green North: A Discussion on Canada’s Environmental Regulations
Blakes Continuity Podcast: Cutting Through the Weeds: A Look at Environmental Issues Impacting Businesses
Balado continuité – Environnement : nouveautés du régime d’autorisation québécois
Blakes Continuity Podcast: What to Expect When Insolvency Crosses the Border
Infrastructure and Indigenous Engagement
A Way Forward: Energy Industry Ready to Fuel Canada's Recovery
Blakes Continuity Podcast: The Moving Landscape of Foreign Investments
Blakes Continuity Podcast: COVID-19: The Regulatory Impact on Pensions
Employment and Labour in the Time of COVID-19
Nota Bene Episode 70: Examining the USMCA: Is it Simply a Rebranded NAFTA? with Scott Maberry
This Week in FCPA-Episode 96, 2018 - the Opening Day edition
Exporting ERISA After Walter Canada
Bien que le secret professionnel de l’avocat remonte au XVIe siècle, le droit relatif aux privilèges continue d’évoluer. Dans le contexte complexe actuel des litiges commerciaux, les privilèges doivent recevoir la plus grande...more
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
The Canada Revenue Agency (CRA) can now require taxpayers or any other person to answer “all proper questions” and provide all reasonable assistance for any purpose relating to the administration or enforcement of the Income...more
As Justice Tyndale once stated in a decision rendered by the Quebec Court of Appeal (QCA), "It is common sense that a secret once revealed is a secret no longer." This adage has since been widely used in support of the...more
On dira, à l’instar du Juge Tyndale, alors qu’il était à la Cour d’appel du Québec, « qu’un secret, une fois révélé, cesse de l’être ». Cet adage a longtemps été repris afin de soutenir le principe voulant qu’un secret...more
A defendant who wishes to rely on legally privileged information in response to a claim alleging breach of a duty of good faith, or alleging bad faith, may face a "Catch-22" scenario. ...more
The path for extradition of Huawei exec Meng Wanzhou is much clearer now that a Canadian court has ruled that “the conduct she is accused of in the United States, if proved, also constitutes a crime in Canada.” That...more
A December 2016 a decision of the Federal Court caused chills for corporate lawyers across Canada when it held that common interest privilege does not apply in the transactional context where otherwise privileged material is...more
The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more
Solicitor-client privilege applies broadly to the continuum of communications concerning matters within the solicitor-client relationship, the BC Court of Appeal recently held in British Columbia (Attorney General) v. Lee,...more
Communications between lawyers and their clients’ accountants or other non-legal professionals are not in themselves privileged but can be where the communication is in “furtherance of a function essential to the...more
An internal investigation into a workplace accident was privileged, and thus protected from disclosure, the Alberta Court of Queen’s Bench recently held in Alberta v Suncor Energy Inc, 2016 ABQB 264 [Suncor]. The Court found...more
As outlined in our April 2015 Blakes Bulletin: Privilege Rules: Solicitor-Client Privilege Held Sacrosanct by Alberta Court of Appeal, the Supreme Court of Canada (SCC) has granted leave to appeal (on October 29, 2015) the...more
An internal investigation into whistleblower allegations was privileged, thus protected from disclosure, the Alberta Court of Queen’s Bench recently held in Talisman Energy Inc v Flo-Dynamics Systems Inc, 2015 ABQB 561...more
On July 16, 2015, the Supreme Court of Canada (SCC) denied leave to appeal to an in-house counsel (referred to as Ms. X to protect her identity) in the case of X v. Autorité des marchés financiers. The SCC thus maintained the...more
In the Alberta Court of Appeal’s ruling this month in University of Calgary v. JR, the court held that the Alberta Information and Privacy Commissioner (OIPC) does not have the statutory authority under the Freedom of...more
In University of Calgary v JR, 2015 ABCA 118, the Alberta Court of Appeal strongly affirmed the central importance of solicitor-client privilege to the proper functioning of the legal system. At issue was whether the Freedom...more
In a decision released on Friday, the Supreme Court of Canada has recognized a new principle of fundamental justice: a lawyer’s duty of commitment to the client’s cause. In Canada (Attorney General) v Federation of...more
2014 was another eventful year for e-discovery and information management in Canada. Set out below are some of the major trends and developments that emerged over the last year....more
Privilege provides special protection that exempts certain documents and other forms of communication from having to be disclosed in legal proceedings. Its protection is powerful, but it can be easily lost if the privileged...more
The Supreme Court of Canada recently granted leave to appeal in Minister of National Revenue v Duncan Thompson, 2013 FCA 197, which touches on the issue of whether a lawyer subject to enforcement proceedings can claim...more
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
An interesting set of questions arises from share purchase transactions regarding the existence of, and parties to, the solicitor-client privilege over the correspondence between the parent, subsidiary and corporate counsel....more
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