litigation privilege

Iggillis Holdings Inc v Canada (National Revenue): What Secrets Can Corporate Lawyers and Their Clients Keep?

When corporate lawyers choose to exchange information with opposing counsel, they do so with a view towards a smooth and confidential closing of their client’s transaction. In particular, the promise of confidentiality is granted by the doctrine of “common interest privilege”. Privilege protects all communications between a professional legal adviser and their clients from being disclosed […]

Alberta (Information and Privacy Commissioner) v University of Calgary - Protection of Solicitor-Client Privilege

The Supreme Court of Canada (“SCC”) recently decided two cases on solicitor-client privilege and litigation privilege in Lizotte v Aviva Insurance Company of Canada, 2016 SCC 52 [Lizotte] and Alberta (Information and Privacy Commissioner) v University of Calgary, 2016 SCC 53 [Alberta]. These judgments solidify the SCC’s safeguarding of solicitor-client and litigation privilege, and establish a higher […]