Lawyer Privilege

Litigation Funding vs Lawyer Privilege

The issue of litigation funding and lawyer privilege became a public news issue during the trial Hulk Hogan vs Gawker when it became known that Peter Thiel had secretly funded
Waiver of Lawyer Client Privilege

Waiver of Lawyer Client Privilege

Waiver of lawyer client also known as solicitor client privilege, was reviewed in the Court of Appeal decision Araya v Newvson Resources 2019 BC CA 205. The appeal court upheld
Privilege: Documents Made In Contemplation of Litigation

Privilege: Documents Made In Contemplation of Litigation

In Hamalainen (Committee of) v. Sippola (1992) 2 WWR 132 the BC Court of Appeal outlined the law relating to privilege for documents that are prepared in contemplation of litigation.
What Constitutes Practicing Law

What Constitutes Practicing Law

Vogt v Scott 2015 BCSC 1725 reviews the essential elements of what constitutes the practice of law, as defined by the Legal Professions act. There has been much discussion recently
Implied Waiver of Solicitor Client Privilege Restricted | Disinherited

Implied Waiver of Solicitor Client Privilege Restricted

HMB Holding Ltd v Replay Resorts Inc 2018 BCCA 263 reviewed the law relating to implied waiver of solicitor client privilege and restricted it’s application. Communications with respect to legal
Prohibiting Lawyer From Acting

Prohibiting Lawyer From Acting

Rubin Estate v Rubin Estate 2017 ONSC 1404  dealt with an application of prohibiting Lawyer from acting for her siblings and mother who were being sued by one daughter. The
Executor Can Waive Solicitor Client Privilege

Executor Can Waive Solicitor Client Privilege

Haas Estate v Jane Doe 2017 BCSC 12 confirmed that an executor( personal representative ) of an estate can waive any solicitor client privilege that existed prior to the deceased’s
Court Removal of Counsel

Court Removal of Counsel

Court applications are occasionally made to remove the opposing counsel for various reasons ranging from litigation tactics to outright conflict of interest. The following are two cases where this was
Solicitor Client Privilege Upheld By Highest Court

Solicitor Client Privilege and the Will File

Solicitor client privilege and the will file can often end up in a tug of war between the executor upholding a claim of privilege after the death of the estate
Judgement Does Not Sever Joint Tenancy

Will Drafters File Privileged In Wills Variation Claims

In an unreported decision, Brown v Terins et al, 20150505, Madam Justice Fisher refused an application brought by the plaintiffs in a wills variation action for access to the will