Sentences with phrase «privilege over»

Although being personally blameless, he does not enjoy any privilege over any other ordinary litigant.

I have had the privilege over the past several years to see firsthand at the board and provincial levels how the complaints are dealt with and the eventual discipline.

«It has been my professional privilege over the last 25 years to provide counseling to married couples, families and individuals who were struggling with various relationship challenges, personal crisis and family conflicts.

In fact, these job seekers have some privilege over others, who tend to laze during unemployment gaps.

In investigating an alleged conflict of interest of a member for statements made in Question Period, finding a breach and recommending sanctions, she was acting within the parliamentary privilege over the regulation of members and her actions are not subject to judicial review.

Chief Justice Rossiter found that litigation privilege did not apply to the hundreds of documents which CIBC claimed litigation privilege over.

The High Court has ruled on a recent challenge by the United Kingdom's Serious Fraud Office (SFO) to a claim for legal professional privilege over materials provided by two law... Read more →

That's important she says because privilege over key documents could be lost at the end of particular litigation, with possible negative consequences if further collateral litigation occurs.

Furthermore, where a party asserts litigation privilege over documents with dual or multiple purposes, they must take great care to establish that the litigation is the dominant purpose in any evidence they provide in support of their claims.

A simple statement to the effect that «the sender maintains solicitor - client privilege over the information contained in this email, and nothing shall constitute a defeat or waiver of said privilege notwithstanding inadvertent disclosure or unauthorized interception of this email by unintended recipients» should suffice.

I am troubled by the thought that a person who is charged with a criminal offence could lose privilege over previous consultations with his lawyer on the grounds that since the conduct was criminal any communications with a lawyer about the conduct would be excluded.

Yet the target will fear that waiver of privilege over that material may open it up to collateral waiver risk and an inability to defend speculative discovery requests in civil claims at a later date.

Nevertheless, companies are often reluctant to involve law enforcement, especially in the early days following a breach, for fear that they will waive attorney - client privilege over their investigation into what happened, and that whatever is shared with the FBI will be subject to discovery in a subsequent civil case or regulatory investigation.

LEXIS 103516, at * 5 (S.D.N.Y. 22 July 2016)(in - house counsel waived privilege over defendant's communications by disclosing them to the Financial Industry Regulatory Authority, because counsel's disclosure contained not only unprivileged facts, but also the contents of privileged communications, i.e. counsel's questions to the employee).

The case of Bilta v RBS provides some assistance to businesses seeking to assert privilege over documentation created during the course of their internal investigations.

In the course of a wrongful dismissal suit by an individual against the respondent University, the University asserted solicitor - client privilege over certain material.

In a 2015 case involving an attempt by CIBC to claim $ 3 billion in business income deductions, Chief Justice Eugene Rossiter of the Tax Court of Canada refused to allow the bank to claim litigation privilege over 670 documents that had allegedly been misclassified by the third party (not a law firm) to whom CIBC had outsourced its document review.

I don't think you can argue that a firm has waived privilege over the files by using this outside service provider.

Although there are many reasons why employers may want to keep an investigation privileged, particularly when the report may expose the employer to legal liabilities, there are incidences where maintaining privilege over the investigation report is counterproductive.

Factors that may strengthen a claim to privilege over interview notes include where, for example, notes arise from interviews with likely potential defence witnesses in contemplated litigation or where interviews are conducted with a view to assessing the potential risk the witness may pose in likely proceedings.

Rolls - Royce also waived any potential claims of legal professional privilege over internal investigation and interview memoranda.

The taxpayer responded by claiming solicitor - client privilege over details of his accounts receivable, such as client names.

In its recent decision in Celanese Canada Inc. v. Murray Demolition Corp. the Supreme Court of Canada unanimously favoured protecting solicitor - client privilege over the right to be represented by one's solicitor of choice.

Suncor refused to provide them to OHS, and asserted privilege over the witness statements collected by its investigation team.

Suncor claimed both solicitor - client privilege and litigation privilege over nearly all of the requested documents.

an authority seeks disclosure of privileged documents from the company in circumstances where the company may wish to assert privilege over those documents in subsequent civil proceedings;

Mr. Thompson claimed solicitor - client privilege over specific details about the accounts receivable, including the names of his client.

That failure, in these circumstances, undermines the defendant's affidavit evidence, calls into question the dominant purpose for the creation of Item 4.3, and is fatal to the defendants» claim for litigation privilege over Item 4.3.

The initial step is for a subject to the investigation to assert privilege over a document that the Commission seeks to review or collect.

It is possible for a client to waive privilege over communications and provide them to the Commission if they feel it would help their case.

The executrix can not claim solicitor - client privilege over such documents because they have a commonality of interest with the beneficiaries in the administration of the estate.

A similar approach is adopted under the UK Code, which requires the company to grant the monitor «complete access to all relevant aspects of its business during the course of the monitoring period», but does not affect the company's right to assert legal professional privilege over relevant documents.73

Lawyers who are crossing the border may claim solicitor - client privilege over documents by identifying sensitive documents.

Regardless of the applicable privilege laws, counsel should take steps to preserve the privilege over all materials used or created as part of the representation, including by: (1) restricting access to attorney — client and work - product materials, particularly in jurisdictions with more limited privilege protections; (2) labelling all documents and communications as legally privileged and confidential; and (3) limiting written communications that may be subject to discovery.

«[T] he assertion of privilege over witness first accounts is unhelpful and, frankly, impossible to reconcile with an assertion of a willingness to cooperate.»

While severance may be possible if the document deals with entirely different subject matters, where the document deals with only one subject matter the court may conclude that it is or appears dangerous or misleading to allow a party to deploy part of the document and assert privilege over the remainder.

[74] In that case RBS claimed privilege over documents prepared by its solicitors for the RBS Executive Steering Group (ESG), which had been established by RBS to oversee its response to various regulatory and criminal investigations into manipulation of LIBOR and other rates in the United Kingdom, United States and elsewhere.

In addition, each recipient can assert privilege over the shared materials against a third party.

[181] RBS claimed privilege over six documents that it had shown to various regulators and the United States Department of Justice and the Attorneys - General of several US states.

It should be noted that the SFO has repeatedly and publicly criticised the tendency for companies to claim privilege over the accounts of witnesses, making clear in relation to DPAs that it views the «free supply of relevant information», including «the account of any witnesses spoken to by those conducting the enquiry» to be «the hallmark of cooperation».10 This approach is also codified in the DPA Code of Practice, which states that the SFO will take into account whether a company has disclosed relevant witness accounts as a public interest factor tending against a prosecution.

The claimant, Property Alliance Group (PAG), challenged RBS's claim to privilege over these documents, contending that the role of RBS's solicitors was not confined to the provision of legal advice but extended to the performance of administrative functions (for example, acting as the secretariat for the ESG and attending its meetings) for which privilege could not be claimed.

Similarly, a plain reading of Bill 132 suggests an organization's right to claim litigation privilege over documents created pursuant to the investigation will be diminished, because an investigation is arguably conducted for the dominant purpose of compliance with Bill 132 and an organization's internal policies, rather than for the dominant purpose of litigation.

Relatively few cases in the occupational health and safety area address the steps necessary to establish either solicitor - client or contemplated litigation privilege over information — particularly in light of statutory requirements to conduct investigations and prepare reports.

When the SFO subsequently commenced its own investigation, not only did it have access to Rolls - Royce's internal investigations and interviews (Rolls - Royce having made a limited waiver of its claims for legal professional privilege over them), but also Rolls - Royce deferred certain interviews until the SFO had completed its interviews of the same individuals.

However, following ENRC (where the SFO successfully challenged claims of both litigation and legal advice privilege over documents created during an internal investigation), this ability to control information is less clear and is arguably a disadvantage of self - reporting.

The plaintiff asked the court to lift the cloak of privilege over the mediation process and the defendant's mediation brief as it would be the only way in which the court could assess the insurer's participation in mediation.

Although the opinion starts off as a criticism of the district court for not properly evaluating the factual dispute over whether the employer had properly adopted its computer usage policy, the appellate court went on to proclaim the preeminence of the attorney - client privilege over employers» computer usage policies.

Superior Court Justice Frank Newbould ruled the presumption of privilege over the information applied.

«Where the Court of Appeal erred is extending the blanket of privilege over transactions and over the names of people who are not in the solicitor - client relationship.

An employer can attempt to assert solicitor - client privilege over an investigator's report.