Canada: Privilege

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Court Of Appeal Summaries (November 3 – 7, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of November 3, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

AI Notetaking In The Boardroom

As artificial intelligence (AI) solutions become more prevalent in organizations, their use is increasingly making its way into the boardroom. AI-driven transcription and summarization tools promise efficiency...

Canada Technology

BJ

Bennett Jones LLP

A Trustee's Obligation To Produce Trust Files: A Review Of (Re) Yurkiw Estate

In a recent decision, (Re) Yurkiw Estate, 2025 BCSC 1026, the BC Supreme Court clarified a trustee's obligation to produce trust files, and specifically, this obligation where there is a corporate trustee.

Canada Commercial

CW

Clark Wilson LLP

Beyond Succession: What Happens When Workplace Investigations Hit Home (Podcast)

What happens when the person at the center of a harassment complaint is also a family member? In this episode of Beyond Succession, host Leah Tolton, is joined Laura Inglis...

Canada Employment

BJ

Bennett Jones LLP

Securing The Modern Enterprise

Canada Commercial

RS

RSM Canada

Great Hill Clauses: Private M&A Meets Solicitor-Client Privilege

Canada Commercial

F

Fasken

The Voting Rights Of Non-Voting Shareholders – An Oxymoron?

Canada Commercial

PV

Pallett Valo LLP

Payments And Privilege (Solicitor-Client): Producing Lawyer's Trust LedgersSakab Saudi Holding Company Et Al. v. Saad Khalid S. Al Jabri Et Al., 2024 ONSC 1601

Canada Litigation

FR

Fogler, Rubinoff LLP

Accounting During Estate Litigation: The Role Of Solicitor-Client Privilege

Canada Accounting

HH

Hull & Hull LLP

The CRA's Proposed New Audit Powers: More Discretion, More Time To Reassess, Less Judicial Oversight

MT

McCarthy Tétrault LLP

Investigation Checklist

Canada Criminal

DP

DLA Piper

The Precarious Nature Of Investigation Records

Canada Litigation

MR

McLennan Ross LLP

Dimensions Of Privilege Law In Commercial Litigation

Canada Commercial

BC

Blake, Cassels & Graydon LLP

Special Considerations In Multi-Jurisdictional Investigations - Focus On Investigations: Part 7

Canada Criminal

DP

DLA Piper

Une signature électronique est-elle suffisante? Comprendre la perfection par possession à l'ère numérique au Canada

MT

Miller Thomson LLP

Liability Management In Canada

BJ

Bennett Jones LLP

Efficient Mortgage Enforcement, Meet The Ontario Civil Court System

CP LLP

Contracts For Services vs. Contracts For Goods In Ontario

Canada Commercial

Pacific Legal PC

Federal Budget 2025: Implications For The Financial Sector

BL

Borden Ladner Gervais LLP

Comply With Demands By Regulators And "Waive" Goodbye To Privilege? New Alberta Guidance On Scope Of Regulatory Requests

In CNOOC Petroleum North America ULC v. ITP SA (Decision), the Alberta Court of Appeal (ABCA) revisited the principles of privilege and waiver of privilege in the context of two reports...

Canada Commercial

BC

Blake, Cassels & Graydon LLP

Privilège dans le cadre d'enquêtes menées en milieu de travail : le « spectre de la divulgation forcée »

Un tribunal de l'Alberta a récemment ordonné que les renseignements recueillis et le dossier compilé par le conseiller en ressources...

Canada Employment

D

Dentons Canada LLP

Privilege In Workplace Investigations: The "Spectre Of Compelled Disclosure"

In a recent decision, an Alberta court ordered the disclosure of the records and information gathered by a human resources consultant retained by the employer to investigate alleged harassment by an employee.

Canada Employment

D

Dentons Canada LLP

Maintaining Privilege In Internal Investigations

In this segment of our Focus on Investigations series, we consider how to set up an investigation while maintaining privilege, and discuss the scope and limits of privilege in investigations.

Canada Commercial

DP

DLA Piper

What Happens In The Special Committee, Stays There: Ontario Court Upholds Confidentiality Of Special Committee Reports Amid Shareholder Litigation

Canada Litigation

PV

Pallett Valo LLP

Recent Decision Spotlights Privilege Issues In M&A Transactions

Canada Commercial

PV

Pallett Valo LLP

Generative AI: A Source For Legal Assistance?

Canada Technology

MR

McLennan Ross LLP

Ontario Securities Commission v Go-To Developments: The Limits Of Solicitor-Client Privilege In A Receivership

Canada Commercial

SU

Singleton Urquhart Reynolds Vogel LLP

Privilege Issues To Consider When Negotiating M&A Transactions

Canada Commercial

MT

McCarthy Tétrault LLP

Privacy In The Dispute Resolution Process

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

L'importance de suivre « l'approche standard » en matière de privilèges de la construction

Canada Real Estate

MT

Miller Thomson LLP

Reportable Transactions: What They Are And What They Aren't

Canada Insurance

MR

McLennan Ross LLP

Ownership Of Privileged Communications In M&A Transactions: Practical Takeaways And Recent Case Law

Canada Commercial

DW

Davies Ward Phillips & Vineberg

Privilege Is Sacrosanct: Ontario Court Of Appeal Affirms High Threshold For Abrogation Of Privilege

Canada Commercial

BJ

Bennett Jones LLP

L'importance de suivre « l'approche standard » en matière de privilèges de la construction

Dans la récente décision Avli BRC Developments Inc. v. BMP Construction Management Ltd., 2023 ABCA 147, la Cour d'appel de l'Alberta a confirmé la validité...

Canada Real Estate

MT

Miller Thomson LLP

Reportable Transactions: What They Are And What They Aren't

On June 22, 2023, the new changes to the reportable transaction regime became law when the legislation received Royal Assent. We previously raised concerns over the broadness of the language in the draft legislation.

Canada Insurance

MR

McLennan Ross LLP

Ownership Of Privileged Communications In M&A Transactions: Practical Takeaways And Recent Case Law

Can the buyer in a M&A transaction who takes possession of the seller's or target company's privileged communications on closing use those communications in a post-closing dispute against the seller?

Canada Commercial

DW

Davies Ward Phillips & Vineberg

Privilege Is Sacrosanct: Ontario Court Of Appeal Affirms High Threshold For Abrogation Of Privilege

Privilege, which protects some information from having to be disclosed, is a hallmark of the Canadian legal system.

Canada Commercial

BJ

Bennett Jones LLP

Litigation Privilege: A Recent Review By The Superior Court Of Quebec

Canada Litigation

MT

Miller Thomson LLP

City Councillor's Disclosure Of Confidential Material To Own Lawyer Breaches Code Of Conduct

In Ontario, members of municipal council are obligated to behave according to codes of conduct adopted by their respective city or town.

Canada Litigation

GR

Gardiner Roberts LLP

Enhanced Tax Reporting For Trusts Starting 2022

On August 9, 2022, the Department of Finance released the latest draft legislation with respect to Enhanced Reporting Requirements for Trusts first introduced in the 2018 Federal Budget.

MP

Moodys Private Client Law LLP

Ten Takeaways For Buyers And Sellers In Private M&A Transactions

Gary Solway, Munaf Mohamed, John Mercury, Michael Mysak and Paul Romaniuk write "Ten Takeaways for Buyers and Sellers in Private M&A Transactions" in CVCA Central.

Canada Commercial

BJ

Bennett Jones LLP

Use The Rules In Your Rule Kit: The Use Of Preliminary Motions To Attack Claims Against Directors And Officers

In Christie et al. v. Elia et al., the underlying action was a claim of defamation and libel. The Plaintiffs were individuals who had been criminally investigated for allegations of fraud, for which they were ultimately acquitted.

Canada Commercial

D

Dentons Canada LLP

No Restarting The Limitations Clock In Balsom V. Rideout: Settlement Privilege Trumps Alleged Confirmation

Canada Insurance

CP

Cox & Palmer

Challenges To Privilege Over Cybersecurity Investigations: Cross-Border Litigation Trends

Canada Technology

TL

Torys LLP

Scope Of Patent Agent Privilege Provided By New Section 16.1 Considered By Court

BL

Borden Ladner Gervais LLP

Sweetening The Deal: How To Use Warrants To Get The Deal Done

Canada Commercial

MT

Miller Thomson LLP

Ten Takeaways For Private M&A Sellers And Buyers In Canada From Recent Court Decision

Canada Commercial

BJ

Bennett Jones LLP

Commercial Considerations As Ontario Reopens: Key Takeaways From CLUC Education Day 2021

Canada Commercial

LS

Lenczner Slaght LLP

Does Settlement Privilege Apply When Settling A Dispute With A Public Body?

Canada Commercial

L,

Langlois Lawyers, LLP

Protecting Legal Privilege In A Data Breach Response

MT

McCarthy Tétrault LLP

Capital Markets Modernization Taskforce Recommendations – Modernizing Enforcement And Enhancing Investor Protection

Canada Commercial

ML

McMillan LLP

The Courts' Expectations Of The Parties To A Lavallée Protocol When Technological Documents Are Seized

Canada Commercial

NR

Norton Rose Fulbright Canada LLP

Final Fisheries Regulation Amendments: 3 Key Issues Addressed

Canada Commercial

MC

McInnes Cooper

Asserting Privilege In The Condominium Context

Canada Real Estate

FL

Field LLP

Court Of Appeal For Ontario Rules That Parliamentary Privilege Prevents Mike Duffy From Suing The Senate

Canada Litigation

MT

McCarthy Tétrault LLP

Gaining Access To Experts' Foundational Materials

Canada Litigation

MR

McLennan Ross LLP

Supreme Court Rearticulates Test Under Ontario "Anti-SLAPP" Legislation

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

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