Superior Court Justice Frank Newbould ruled the presumption of
privilege over the information applied.
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.
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.
Not exact matches
If the «taint» team finds documents that indicate a lawyer participated or even unwittingly facilitated some type of fraud, then the attorney - client
privilege would no longer apply and that
information would also be turned
over to investigators.
* Tickets include VIP line
privileges, complimentary coat - check, an upgraded souvenir Boston Wine Expo glass and complimentary glass of champagne, gift - bag, access to wine samples from
over 200 producers, complimentary culinary samples, a glossy magazine outlining locations of the exhibitors,
information on celebrity chef demos, schedule of guided tastings and seminars and space to write tasting notes.
The town had asserted attorney - client
privilege, among other arguments, and opposed handing
over that
information and unredacted copies of other documents.
But while it's always refreshing to see a documentary with an actual visual language, The Land Of The Enlightened flirts with Koyaanisqatsi territory in its
privileging of exotic, «awe - inspiring» imagery
over information.
In response to Baudrillard's exploration of postindustrial culture: its reliance on
information systems, media representation, and an economy that
privileges image
over product, Halley shifted to schematized depictions of enclosed spaces, linked to the world through a network of electronic, telephonic, and fiber - optic conduits.
I'm all for an exhibition that
privileges experience
over information, but I think some context would have made the show less fragmentary and confusing.
The CRA can not, however, demand that a taxpayer turn
over information that benefits from the protection of solicitor - client
privilege.
In saying that, I recognize the concern of the plaintiff that to isolate the
information the defence does seek, its expert may well have consequent access to irrelevant
information or that
over which other family members may claim
privilege.
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.
Furthermore, lawyers would do well to consider whether or not litigation
privilege has expired
over the requested documents or
information.
Litigation
privilege is a form of legal
privilege that can be claimed
over documents and
information created for the dominant purpose of preparing for reasonably anticipated litigation — such as a prosecution under health and safety legislation.
In light of the Court of Appeal decision, additional steps could involve more specifically identifying documents and
information over which
privilege could reasonably be asserted and materials that are unlikely to be considered privileged (because they were not created or prepared for the dominant purpose of preparing for litigation or receiving legal advice).
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.
Section 56 (3) of the Alberta Freedom of
Information and Protection of Privacy Act does not require a public body to produce to the
Information and Privacy Commissioner documents
over which solicitor - client
privilege is claimed.
The Bill further purports to provide explicit authority for the
Information Commissioner to examine records
over which solicitor - client
privilege has been claimed, in order to evaluate whether the claim is valid.
Doing so will not necessarily constitute a general waiver of any
privilege in those documents for the purposes of subsequent civil proceedings (particularly if it is made clear that this is done on a limited basis), although it may lead to adverse consequences, as the company will lose a degree of control
over the
information in the documents.
The Commissioner may not share
information it reviews and identifies as properly subject to
privilege, but it has the power to rule
over claims of
privilege (at para 104).
All visitors will have borrowing
privileges in and access to the Law Library, which houses
over 600,000 volumes in its print collection and has a wide variety of computerized
information resources.
The District Court granted the dismissal
over FLPA's objection that its disclosures were permitted under New York's version of the crime / fraud exception to the attorney - client
privilege when the disclosure of confidential
information is reasonably necessary to prevent the commission of an ongoing or imminent crime.
Since the Bluetooth process has high
privileges in the Android OS, a malware transmitted through this vulnerability has the ability to take
over the handset, retrieve personal
information, or lock users out of their devices.
Here REALTORS: happily LOAD their fully detailed listings on this web site allowing it to quietly build a database which it collects for free; pay for the
privilege of advertising prominence they often complain they don't get and fall all
over each other as they shamelessly sell (I am too polite to use the real word) themselves to nameless, faceless, cyber city demanders of free
information.