Sentences with phrase «covered by litigation 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.

At trial, Justice Tietelbaum held the information was «personal information» for the purposes of PIPEDA and that it was not covered by litigation privilege (See Rousseau v. Wyndowe, 2006 FC 1312 (CanLII) and Canadian Privacy Law Blog: FCA grants stay of judge's order for disclosure of personal information).

«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?»

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 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.

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.

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

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.

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.

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.

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.

Tesco resisted the application on the ground (among others) that the records were covered by litigation privilege.

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.

Not exact matches

However, communications within the company or with third parties, such as accountants, about the dispute may well not be covered by privilege and have to be disclosed as part of the litigation process.

This Judgment for the first time signals that litigation privilege will be unlikely to protect that legal work, meaning that genuine attempts by clients to investigate allegations will have to be embarked upon knowing that privilege will not cover whatever is produced.

An Ontario arbitrator has ruled that an investigation report prepared by a lawyer is not covered by solicitor - client or litigation privilege as a matter of right.