Sentences with phrase «by litigation privilege»

We now understand that confidential communications with third parties for the dominant purpose of litigation are generally protected by litigation privilege but not by solicitor - client privilege [ii].

Whether a communication is protected by litigation privilege is a question of fact.

In a clear blow to Quebec provincial regulators, the appeal court held in the much - anticipated ruling that regulatory bodies can not gain access to documents covered by litigation privilege unless it is statutorily mandated.

A spokesman for ENRC stated: «We are very surprised by this ruling and we will appeal today's decision because the effect of this judgment is that a party who wishes to consult a lawyer in relation to an SFO dawn raid or criminal investigation is not entitled to the protections afforded by litigation privilege.»

On the question of the production of notes and drafts of the report, the ONCA ruled these documents, and any records of consultations between experts and counsel, fall into the «zone of privacy» created by litigation privilege.

In this lawsuit, Cosby raised an affirmative defense that Singer's demand letters to media outlets were shielded by litigation privilege, meaning that the attorney's statements were in conjunction with an anticipated or actual court action and couldn't form the basis of a defamation claim.

In Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd6 the court held that documents prepared during the course of a criminal investigation were not covered by litigation privilege, even though there was likely to be (and eventually was) a criminal investigation by the SFO into the alleged misconduct.

[244] In such circumstances, counsel and the party who permit the line between treating physicians and physicians retained to advise counsel to become blurred must accept some risk that the protection ordinarily afforded by litigation privilege might be lost.

ICBC opposed arguing there were further steps the witness could have taken through the Freedom of Information process and further that the statement was protected by litigation privilege.

Even if the notes of an interview are covered by litigation privilege, it is not possible to bind the interviewee from disclosing the questions asked of them and the answers they gave.

The decision re-affirms that such documents are not covered by litigation privilege and protected from disclosure unless it is proved that the dominant purpose for their creation was in contemplation of litigation.

The Court of Appeal disagreed with the chambers judge's view that the internal investigation was in contemplation of litigation, and that information deriving from the investigation would be covered by litigation privilege.

Suncor was ordered to provide the refused information to the referee and to identify the records, information and communications it claimed are covered by litigation privilege or solicitor - client privilege.

Instead, to determine whether a document is covered by litigation privilege a Court must look at the purpose for which each document was created, not the purpose for which it may have been collected or put to use.

It's unfortunate but syndics can no longer force or undertake other procedures to compel responses if it is covered by litigation privilege.»

The syndic conceded that she could not demand documents covered by professional secrecy but argued that documents covered by litigation privilege should not enjoy the same protection.

Quebec regulators are now widely expected to lobby the provincial government to enact legislative amendments that will allow them to gain access to documents covered by litigation privilege.

In other words, Quebec regulatory bodies can not compel professionals to disclose documents covered by litigation privilege or solicitor - client privilege without clear and explicit language in the legislation, said Francis Gervais, the former batonnier of the Barreau du Québec.

«What will happen the day when a lawyer says he is relying on this Quebec Court of Appeal ruling to refuse to provide documents to a syndic because it is covered by litigation privilege?»

A provincial regulator that sought to force an insurance company to provide documents in the course of an investigation failed after the Quebec Court of Appeal held that the documents were covered by litigation privilege and solicitor ‑ client privilege.

It was held that the subject matter of the direction was covered by both litigation privilege and legal professional privilege, and the court did not have power to override them.

In order for communication to be protected by litigation privilege, there must be current litigation or a reasonable contemplation of litigation and the dominant purpose of the communication must be for use in the current or contemplated litigation.

The joint liquidators appealed on the question of whether the reports were protected by litigation privilege.