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Commercial Certainty Restored: The Federal Court of Appeal Reaffirms the Existence of Transactional Common Interest Privilege

Canada - March 13 2018 Every day, across Canada, business and tax lawyers rely on the judge-made doctrine of “transactional common interest privilege” to facilitate the due…

Anthony M.C. Alexander, Patricia L. Olasker.

Canada’s Top Court Rules on Personal Liability of Directors for Oppression

Canada - July 18 2017 On July 13, 2017, the Supreme Court of Canada issued its decision in Wilson v. Alharayeri (Alharayeri). The decision sounds an important cautionary…

Cara Cameron, Matthew Milne-Smith, William Brock.

Federal Court Refuses to Recognize Common Interest Privilege in the Transactional Context

Canada - December 23 2016 The doctrine of “common interest privilege” ensures that a document or communication that is already protected by solicitor-client or litigation…

Anthony M.C. Alexander.

Supreme Court of Canada Affirms Protections for Privilege in the Face of Statutory Production Demands

Canada - November 29 2016 On November 25, 2016, the Supreme Court of Canada rendered two decisions confirming that express, clear legislative language is required to compel…

Jean Teboul.