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Supreme Court confirms judges can conduct hearings outside home province
  • Gowling WLG
  • Canada
  • October 21 2016

National class actions raise a host of complicated jurisdictional issues. This is especially true when there are parallel class actions in multiple

The ONLY Way to Keep Tax Planning Confidential
  • Fasken Martineau DuMoulin LLP
  • Canada
  • October 17 2016

Solicitor-client privilege is a constitutionally-entrenched right that protects communications between a lawyer and his or her client. The foundation

Appeal allowed in part - 14 October 2016
  • Gowling WLG
  • Canada
  • October 14 2016

In 2004, the Quebec government reformed its justices of the peace regime in response to a Court of Appeal judgment declaring that the existing regime

Think Fee Agreements are Privileged? Think Again: Alberta Court Affirms Privilege Over Fee Agreements More Easily Overcome in Class Proceedings
  • McCarthy Tétrault LLP
  • Canada
  • October 13 2016

In LC v Alberta (“LC”), the Alberta Court of Queen’s Bench considered a defendant’s application for the production of contingency fee agreements.1

Show Some Class - Pitfalls in Demonstrating Class Size
  • MacPherson Leslie & Tyerman LLP
  • Canada
  • October 12 2016

In order to assist establishing the existence of an identifiable class, Plaintiff counsel commonly adduce evidence of the number of putative class

Blaneys Ontario Court of Appeal Summaries
  • Blaney McMurtry LLP
  • Canada
  • October 7 2016

There were five substantive civil decisions released and summarized this week. The first, J.J. V. C.C., is an interesting case in which the court held

When is Communication Between a Client’s Accountant and Lawyer Privileged?
  • Bennett Jones LLP
  • Canada
  • October 5 2016

Communications between lawyers and their clients’ accountants or other non-legal professionals are not in themselves privileged but can be where the

Supreme Court narrows scope of CRA's power to force disclosure
  • Dentons
  • Canada
  • October 4 2016

The Canada Revenue Agency (CRA) has broad powers to require taxpayers and other persons - including a taxpayer's accountants or lawyers - to provide

Case Commentary: An Insurer is not Responsible for Defence Costs Incurred Prior to Receiving Notice of a Claim - Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., 2016 BCCA 352
  • Miller Thomson LLP
  • Canada
  • October 3 2016

When an insured incurs defence costs prior to giving their insurer notice of the claim, who bears responsibility for those "pre-tender" defence costs

Update on Ontario Limitations: Waiting to Complete Examinations for Discovery to Identify Potential Tortfeasors?
  • Miller Thomson LLP
  • Canada
  • October 3 2016

After the publication of my article on this subject in April of 2016, the Ontario Court of Appeal upheld the motion judge's decision in Galota v