Sentences with phrase «waived by the solicitor»

Usually solicitor - client privilege can not be waived by the solicitor — only by the client.

The dilemma: Usually solicitor - client privilege can not be waived by the solicitor — only by the client.

Not exact matches

You might, for instance, waive solicitor - client privilege by sharing a privileged document with a third party.

Based on the decisions of the courts in Alberta and British Columbia, solicitor - client privilege is not waived when an opinion provided by a lawyer to one party is disclosed, on a confidential basis, to other parties with sufficient common interest in the same transactions.

Arguing that the taxpayer waived solicitor - client privilege by sharing the legal tax opinion, the CRA demanded that the taxpayer hand over the tax opinion.

Canadian courts had long held that common - interest privilege served as a defence to an allegation that, by sharing a legal opinion with mutually interested parties in a commercial transaction, the disclosing party had thereby waived solicitor - client privilege to the shared opinion.

Any solicitor - client privilege attached to the information disclosed by Hershey was waived.

When can solicitor - client privilege be waived by implication?

It further noted that solicitor - client privilege belongs to the client and can only be waived by the client.

In the recent case of Dechert v. ENRC, [184] the Court of Appeal held that the respondent, ENRC, was entitled to have proceedings for the detailed assessment of the bills of its former solicitors, Dechert, held in private and that ENRC had not waived privilege by commencing assessment proceedings.

During this time, people can contact a network of solicitors appointed by the charity, which will waive their fee when they draft a simple Will, in exchange for a donation to the Enham Trust.

Any such communication would be protected by solicitor - client privilege and the former client had not waived that privilege.

In any event, CPL and Blakes did the right thing by immediately and explicitly advising Colson, at the outset of the production process, that CPL had produced solicitor - client communications on which CPL claimed Eisses waived privilege.

As practicing lawyers, we are subject to professional and ethical obligations and we do not disclose personal information subject to solicitor - client privilege unless the privilege is lawfully waived or we are required by law to do so.

Since the ability to waive solicitor - client privilege rests with the client, inadvertent disclosure by the lawyer will generally not constitute a waiver of privilege.

Confidentiality applies to all information, written or oral, between a client and lawyer in the solicitor - client relationship where such information is intended to be confidential and the confidentiality is not waived by the client.