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Blake, Cassels & Graydon LLP

Droit relatif aux privilèges dans le contexte des litiges commerciaux

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

Association of Certified E-Discovery...

What Happens in Canada When You Fail to Preserve and Produce ESI

A recent decision from the Supreme Court of British Columbia illustrates how litigants may find themselves in trouble with the court and opposing counsel when they fail to properly preserve and produce electronically stored...more

Association of Certified E-Discovery...

[Virtual Event] Judicial Treatment of the Sedona Canada Principles Addressing E-Discovery - June 2nd, 12:00 pm - 1:00 pm PT

Please join us for a virtual seminar discussing the judicial treatment of the Sedona Canada Principles with our very own Anatoliy Vlasov of Lindsay LLP. The presentation will touch on such topics as the Principles’ origin,...more

Association of Certified E-Discovery...

[Virtual Event] Judicial Treatment of the Sedona Canada Principles Addressing E-Discovery - May 12th, 12:00 pm - 1:00 pm PT

Join the ACEDS Vancouver and Toronto Chapters for a seminar. Please join us for a virtual seminar discussing the judicial treatment of the Sedona Canada Principles with our very own Anatoliy Vlasov of Lindsay LLP. The...more

Smart & Biggar

New Federal Court Guidelines for Complex Proceedings consolidate and update previous guidelines

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Update: The Federal Court updated the Guidelines on May 18, 2021, which can be found here. The Federal Court has released a new consolidated practice direction, Case and Trial Management Guidelines for Complex...more

Bennett Jones LLP

Legal Privilege, Email and the Continuum of Communication

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Solicitor-client privilege extends not only to legal advice provided directly to a client, but to the whole "continuum of communications" in which the advice is given, the Alberta Court of Queen's Bench recently confirmed in...more

Epiq

Evidence in the electronic age: the rise of the Sedona Canada Principles

Epiq on

The world is moving from print toward electronically stored information (ESI), and the legal profession is no exception. Since ESI is discoverable, lawyers must understand the effects ESI can have on their discovery process....more

Proskauer - New Media & Technology

Canadian Court Asserts Jurisdiction over Craigslist Based on Cloud-Based Virtual Presence in Canada

A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. The production order requested...more

Bennett Jones LLP

Craigslist’s “Virtual Presence” Enough for B.C. Court’s Jurisdiction

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Is San Francisco-based Craigslist subject to a third-party production order in criminal proceedings in British Columbia, despite having only a “virtual” presence in the province? The province’s Court of Appeal said yes in a...more

Bennett Jones LLP

Plaintiffs Can’t Depose Competition Bureau Investigator in Price-Fixing Class Action

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The Supreme Court of Canada held today that civil plaintiffs cannot examine for discovery (aka depose) a Competition Bureau investigator: Canada (Attorney General) v. Thouin, 2017 SCC 46....more

Blake, Cassels & Graydon LLP

Alberta Court Orders Production of Documents in Native Format, Contrary To Agreement Between Parties

In Bard v. Canadian Natural Resources (Bard), the Court of Queen’s Bench of Alberta (Court) ruled that certain documents were to be produced in native format, despite what was set out in a discovery agreement between the...more

Blake, Cassels & Graydon LLP

Legal Advisers’ Files Are Not Archives for Tax Authorities, SCC Rules

The Supreme Court of Canada (SCC) released two decisions last week regarding the power of the Canada Revenue Agency (CRA) to demand production of information and documents, including accounting records, from lawyers and...more

Blake, Cassels & Graydon LLP

Privileged Documents and Regulatory Investigations: When Does Waiver Come Into Play?

When a regulator comes knocking at your door, with an order compelling the production of documents, how should you treat communications between you and your lawyers? Are you required to produce privileged documents to the...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

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Clarifies Parameters of Communications with Expert Witnesses

The Court of Appeal for Ontario’s January 29, 2015 decision in Moore v. Getahun (Moore) has confirmed that there is nothing improper in counsel reviewing a draft report with an expert witness, and that draft expert reports...more

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