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Category Archives: Privilege
Litigants Can’t Avoid Manual Search of Documents for Production
Air Canada et al. v. Westjet Airlines Ltd. et al. is evidently “the largest case of corporate espionage ever seen in Canada”. It will undoubtedly spawn many rulings as it proceeds through the courts and today’s is an interesting one. … Continue reading
Posted in Discovery, Practice and Procedure, Privilege
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Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced
Here’s a case that we missed when it was first released last September. It has just been reported in the Ontario Reports, so the lawyers, judges and masters who subscribe to our Updates will already have seen it. But for the … Continue reading
Posted in Insurance News, Occupier's Liability, Practice and Procedure, Privilege
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Service of Expert’s Report Waives Litigation Privilege on File Material
A Superior Court judge today dealt with a question that arises frequently in civil litigation: to what extent must “the findings, opinions and conclusions of an expert” be disclosed to an opposing party prior to trial? In Lecocq Logging Inc. … Continue reading
Posted in Discovery, Practice and Procedure, Privilege
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Privileged Engineer’s Report Producible in Subsequent Litigation
A recent decision of the Ontario Superior Court raises an issue that is of increasing concern to insurers: the loss of litigation privilege. In Podeszwa et al and D. Preete et al and the Corporation of the City of London, … Continue reading
Posted in Discovery, Evidence, Practice and Procedure, Privilege
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