Western Canada Business Litigation Blog

Tag Archives: Privilege

BCCA Affirms Solicitor-Client Privilege as “nearly absolute”

Posted in Civil Litigation, Civil Procedure
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In the recent decision in Soprema Inc. v. Wolrige Mahon LLP, 2016 BCCA 471, the British Columbia Court of Appeal confirmed the status of solicitor-client privilege as “nearly absolute” and clarified the test for determining whether a party has impliedly waived of solicitor-client privilege by making its state of mind a material issue in an… Continue Reading

SCC Underscores the Importance and Protection of Privileged Communications before Administrative Bodies

Posted in Privacy
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On November 25, 2016, the Supreme Court of Canada (the “SCC”) released two decisions that examine the protection of privileged communications before administrative bodies. The cases, which involve the Information and Privacy Commission of Alberta and Quebec’s Chamber de l’assurance de dommages, consider the ability of legislation to infringe on the established classes of solicitor-client… Continue Reading

The Thorny issue of Costs and Special Costs

Posted in Civil Procedure
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One of the most exasperating aspects of civil litigation for clients is the issue of court ordered costs.  Ordinarily, the party that wins a case is entitled to have their “costs” paid by the other side.  The court’s ability to award costs is discretionary and, as a result, often difficult to predict. There are, generally… Continue Reading

Defamation, Corporate News Releases and the Potential Liability of Directors.

Posted in Defamation
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In 2012, the B.C. Supreme Court dismissed a defamation claim over a corporate news release that provided general information about the intended response to a lawsuit.  The case was dismissed on the grounds that news releases issued by public companies to report on litigation brought against them are published on occasions of either absolute or… Continue Reading

Defamation and Corporate News Releases

Posted in Defamation
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Likely to the relief of publicly traded companies, the B.C. Supreme Court recently dismissed a claim in defamation over a corporate news release that provided general information about the intended response to a lawsuit.  The court did so on the grounds that news releases issued by companies to report on litigation brought against them are… Continue Reading