Western Canada Business Litigation Blog

Tag Archives: Solicitor-Client 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

Supreme Court safeguards solicitor-client privilege from requests under the Income Tax Act

Posted in Civil Litigation, Tax
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In companion cases released on June 3, 2016, the Supreme Court of Canada (the “SCC”) confirmed the central importance of solicitor-client privilege to the rule of law in Canada. In Canada (National Revenue) v. Thompson, 2016 SCC 21, and Canada (Attorney General) v. Chambre des notaires du Québec, 2016 SCC 20, the Court considered provisions… Continue Reading

BC Court of Appeal Acknowledges Independence of the Bar as a Principle of Fundamental Justice

Posted in Fraud
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In October 2011 I wrote about the BC Supreme Court decision in Federation of Law Societies of Canada v. Canada (Attorney General), 2011 BCSC 1270 in which the Court held that provisions of the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act and related Regulations were constitutionally inapplicable to lawyers.  Specifically, the Court… Continue Reading

B.C. Supreme Court Rejects Auditor General’s Application for Access to Basi/Virk Accounts

Posted in Miscellaneous
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On January 29, 2013, Chief Justice Robert Bauman of the BC Supreme Court released his decision (2013 BCSC 98) rejecting an application by the BC Auditor General for sweeping access to information and documents relating to the provincial government’s payment of legal fees on behalf of Mr. Basi and Mr. Virk, two former government employees… Continue Reading