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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Borden Ladner Gervais LLP ordered by Published Date Descending.
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1
CRA's Power To Compel Taxpayers To Disclose Uncertain Tax Positions Affirmed
Canada (National Revenue) v Atlas Tube Canada ULC1 is the latest in a series of cases considering the ability of the CRA to compel corporate disclosure of confidential reports analyzing the tax positions of a company.
Canada
20 Nov 2018
2
Supreme Court Of Canada Slams The Door On CRA Challenge To Common Interest Privilege
Iggillis Holdings Inc. and Ian Gillis v. Minister of National Revenue, 2018 FCA 51
Canada
31 Oct 2018
3
The Supreme Court Rules: Parliamentary Privilege Not A Carte Blanche For Termination
In its October 5, 2018 judgment in Chagnon v Syndicat de la fonction publique et parapublique du Québec (Chagnon),1 the Supreme Court of Canada ruled that parliamentary privilege ...
Canada
11 Oct 2018
4
Loss Of Legal Privilege Over Cyberattack Investigation Report
Cyber incident response activities often involve the creation of forensic investigation reports that might be protected by legal privilege, depending on the purpose of the reports and the circumstances surrounding their creation and use.
Canada
30 Aug 2018
5
Clarification Around Discoverability
In Mega International Commercial Bank (Canada) v. Yung, the Court of Appeal for Ontario has recently clarified the operation of certain provisions of the Ontario Limitations Act, 2002.
Canada
8 Jun 2018
6
Reminder: HR Advice To Management Is Not Privileged
In a decision released February 9, 2018, an Ontario Master rejected the claim by an employer that communications between management and its human resources advisors were privileged.
Canada
10 Apr 2018
7
Federal Court Of Appeal Reaffirms The Validity Of Transactional Common Interest Privilege
A collective sigh of relief reverberated across the tax and corporate law bar when, on March 6, 2018, the Federal Court of Appeal released its reasons in Iggillis Holdings Inc. v Canada...
Canada
16 Mar 2018
8
Federal Court Of Appeal Ends Uncertainty Regarding Transactional Common Interest Privilege
​The Federal Court of Appeal in IGGillis Holdings Inc. v. Canada (National Revenue) has ended the uncertainty it had created in previous decisions ...
Canada
15 Mar 2018
9
BLG Securities Law Resource: Annual Reporting & Continuous Disclosure Rules Book
For Canadian public companies, the New Year signals that a new proxy season is just around the corner
Canada
21 Feb 2018
10
Alberta Court Of Appeal Clarifies Scope Of Privilege Over Internal Investigations
Suncor refused production on the basis of privilege, and the application judge upheld this refusal.
Canada
19 Oct 2017
11
Alberta Employers Cannot Claim "Blanket" Privilege On Materials Following A Workplace Accident
The Alberta Court of Appeal recently released its decision in Alberta v Suncor Inc., 2017 ABCA 221, which clarified an employer's ability to claim privilege over information and materials...
Canada
9 Aug 2017
12
Legal Privilege For Data Security Incident Investigation Reports
Data security incident response activities usually involve the creation of sensitive communications and documents that might be subject to legal disclosure obligations unless they are protected by...
Canada
19 Jun 2017
13
Courtoreille V. Canada (Aboriginal Affairs And Northern Development), Case No. 37441, Supreme Court Of Canada (Mclachlin C.J.C., Wagner And Gascon Jj.), 18 May 2017
The Supreme Court of Canada granted leave to the Mikisew Cree First Nation to appeal a December 2016 decision of the Federal Court of Appeal.
Canada
6 Jun 2017
14
Voluntary Disclosure To Securities Commission Constitutes Waiver Of Privilege
The Court reiterated that disclosing litigation privileged documents to a securities commission pursuant to compelled disclosure requirements does not constitute waiver of privilege...
Canada
5 Jun 2017
15
Co-Plaintiff Spouse Could Be Excluded From Examination For Discovery
The Ontario Divisional Court recently provided guidance with respect to excluding co-parties from each other's examination for discovery. In Lazar v TD General Insurance Company, the defendant sought to examine the plaintiffs (a married couple) individually, outside the presence of the other.
Canada
13 Apr 2017
16
Admissibility Of Expert Evidence: Songhees Nation v. British Columbia, 2017 BCSC 387 (Bracken J.), 8 March 2017
The Supreme Court of British Columbia made an order relating to the admissibility of expert evidence in the underlying Douglas Treaty action.
Canada
31 Mar 2017
17
Court Of Appeal For Ontario To Rule On Discovery Type Relief In The Small Claims Court
The Court of Appeal for Ontario has granted leave to hear a case that concerns whether Small Claims deputy judges have jurisdiction to grant "discovery type relief".
Canada
21 Mar 2017
18
Court Does Not Require Defendant Insurer To Produce Its File From A Previous Related Action
In the recent interlocutory decision, Hall v. Peel Insurance Co., 2016 ONSC 5288, the Ontario Superior Court allowed an enlarged definition of litigation privilege.
Canada
17 Oct 2016
19
Court Of Queen's Bench Confirms That Privilege May Apply To Workplace Accident Investigation
On April 20, 2014, an employee of Suncor was involved in a fatal workplace accident at Suncor's facility near Fort McMurray, Alberta (the "Accident").
Canada
26 May 2016
20
Moore v. Getahun At The Ontario Municipal Board: What Expropriation And Planning Experts Need To Know
On January 29, 2015, the Ontario Court of Appeal released its much anticipated decision with respect to expert evidence and expert reports.
Canada
4 Feb 2015
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