Dans la décision CNOOC Petroleum North America ULC v. ITP SA (la « décision »), la Cour d’appel de l’Alberta (« CAA ») a passé en revue les principes relatifs au privilège relatif au litige et à la renonciation à ce privilège...more
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
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
In CNOOC Petroleum North America ULC v. ITP SA (Decision), the Alberta Court of Appeal (ABCA) revisited the principles of privilege and waiver of privilege in the context of two reports that arose from an internal...more
Recent (and ongoing) amendments to the Competition Act have resulted in several new powers for the Competition Bureau, which may have significant and far-reaching implications for businesses in Canada. One such amendment...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
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
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
Lorsque votre organisation est victime d’une cyberattaque ou d’une atteinte à la protection des données, la protection du secret professionnel devient vitale. À la suite d’une telle atteinte, les événements peuvent se...more
When your organization is addressing a cyber-attack or other data breach, protecting privilege is crucial. In the aftermath of a data breach, events can move very quickly. However, appropriate steps should be taken to ensure...more
Certain incidents at a worksite or industrial facility may trigger statutory reporting or investigative requirements. Companies may also want to conduct their own litigation-privileged internal investigation of the same...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
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