Solicitor-client privilege remains a fundamental right which is only displaced where absolutely necessary. The court in Sakab Saudi Holding Company v Al Jabri, 2025 ONSC 35 [Sakab Saudi] upheld the presumption of solicitor-client privilege protection to a law firm’s trust ledger but found that the motion judge erred in extending that same presumption to the […]
“Privilege” is a common-law doctrine that prevents the compulsory disclosure of documents or information that is against the public interest. As Justice L’Heureux-Dubé explains: The doctrine of privilege acts as an exception to the truth-finding process of our adversarial trial procedure. Although all relevant information is presumptively admissible at trial, some probative and trustworthy evidence […]
In Caron v A, 2015 BCCA 47 [Caron], the British Columbia Court of Appeal (“BCCA”) was tasked with determining whether complaints to the police should be protected by absolute privilege, and thus, not actionable for defamation. In concluding that qualified, not absolute, privilege applied, the BCCA supported the long-standing truth that protection of reputation is tied to the […]
Supreme Court Denies Leave in Indian Act GST Exemption Case The Supreme Court will not reconsider whether an Aboriginal’s interest in employment contracts can be considered “property” for the purposes of tax exemption under the Indian Act. In Roger Obonsawin v Her Majesty the Queen, 2010 TCC 222, the Tax Court of Canada determined that […]