Dispute Resolution

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Getting It Wright: The Detour Gold Standard of Expert Independence[129]

Feb. 08, 2017 – In rejecting a motion by the plaintiffs for production of drafts of an expert report, the Ontario Superior Court of Justice’s recent decision in Wright v. Detour Gold Corp. endorses the Court of Appeal’s guidance regarding counsel’s dealings with expert witnesses as articulated in Moore v. …

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Federal Court Refuses to Recognize Common Interest Privilege in the Transactional Context[130]

Dec. 23, 2016 – The doctrine of “common interest privilege” ensures that a document or communication that is already protected by solicitor-client or litigation privilege does not lose that protection when it is shared between two parties sharing a “common interest” in either litigation or a transaction. In a…

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Watch This (Email) Space: New Private Right of Action for Misleading Representations[131]

Dec. 02, 2016 – As 2016 draws to a close, almost everyone is consumed with preparing for the coming holiday season. However, businesses advertising in Canada would be wise to take a few moments this holiday season to start planning for next summer. Beginning in July 2017, private parties will be able to sue for…

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Canada Removes Another Brick in the Wall: Government Consents to Revisit Negative National Security Ruling[132]

Dec. 01, 2016 – In our recent e-communication Canada Lowers the Wall to Foreign Investment, we described steps taken by the Canadian government to create a more attractive and welcoming climate for foreign investment in Canada: lowering a key review threshold under the Investment Canada Act (ICA); committing to…

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Supreme Court of Canada Affirms Protections for Privilege in the Face of Statutory Production Demands[133]

Nov. 29, 2016 – On November 25, 2016, the Supreme Court of Canada rendered two decisions confirming that express, clear legislative language is required to compel production of solicitor-client- or litigation-privileged documents, and reaffirming the wide protection afforded these privileges. Alberta (Information…

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