Documents prepared for ‘simultaneous review’ by lawyers and non-lawyers not protected by privilege

Borden Ladner Gervais LLP
Neil Guthrie
Canada
February 9 2012

Master Short of the Ontario SCJ has followed US authority in holding that documents containing largely factual information that are sent by a party to non-lawyer personnel for their review, with a cc to the party’s lawyers, are not protected by solicitor-client privilege: Humberplex v TransCanada Pipelines, 2011 ONSC 4815.

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Documents prepared for ‘simultaneous review’ by lawyers and non-lawyers not protected by privilege

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