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Daniel Watt and Sara Mahaney in Gard Update: Legal privilege in the corporate context in Canada
Published:
April 6, 2017
Author(s):
- Daniel Watt, Partner at McInnes Cooper
- Sara Mahaney, Former Lawyer at McInnes Cooper
Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper lawyers Daniel Watt and Sara Mahaney’s Letter to the Editor – Legal privilege in the corporate context in Canada, as published in Gard Update, April 2017, explain that in Canada, solicitor-client privilege in the corporate context more closely resembles U.S. law than it does English law.
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The Small Business Deduction: Key Proposed Changes & Strategic Solutions
Apr 12, 2016
Federal Budget 2016 proposed to significantly reduce the benefit of and access to the Small Business Deduction. The Small Business Deduction…
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Doing Business With the Public Sector: Key Confidentiality Risks & 3 Risk Management Strategies
Mar 24, 2016
When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…
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Construction Project Manager Sentenced to 3½ Years for Workplace Accident in R. v. Vadim Kazenelson (aka “Metron”)
Mar 9, 2016
In what appears to be the first case of the conviction of a front line supervisor under section 217.1 of the Criminal Code and sentencing to a…
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Energy Safety and Security Act (ESSA) Effective February 26, 2016: 7 Key Changes Toughen Up Atlantic Offshore and North Oil & Gas Regulatory Regime
Feb 15, 2016
On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…
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NB Kicks-off First Request for Expressions of Interest from Aboriginal Businesses Under New Electricity from Renewable Resources Regulation
Feb 1, 2016
On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…
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Doe 464533 v. D.: Business Implications of the Civil Privacy Claim for “Public Disclosure of Private Facts”
Jan 27, 2016
On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…
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Ontario Court Provides Guidelines to Balance Privacy Rights & “Tower Dumps” in R v. Rogers Communications
Jan 18, 2016
On January 14, 2016, the Ontario Superior Court decided that Canadians have a clear privacy interest in their records of their cellular…
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Offshore Oil and Gas Decommissioning Best Practices
Dec 21, 2015
A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…
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Canada’s Anti-Spam Legislation (CASL): The Top 3 Lessons Businesses Can Learn from Year 1
Sep 29, 2015
The anti-spam sections of Canada’s Anti-spam Legislation (CASL) took effect on July 1, 2014 amidst hype, controversy and dire warnings. Were…
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A Glimpse Into The Future of Privacy Law: Medical Marijuana Privacy Breach Class Action Lawsuit Can Go Ahead in John Doe and Suzie Jones v. Her Majesty the Queen
Jul 29, 2015
On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…
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Bad Faith & Production of an Insurer’s Business Information: 4 Key Implications of the NB Court of Appeal’s Decision in Wade v. Wawanesa Ins. Co.
Jul 21, 2015
On July 16, 2015, the New Brunswick Court of Appeal ordered an insurer to produce a significant amount of its financial and business information…
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The Changing Face of Aboriginal Law: 1 Short Year, 2 Big Court Decisions, 3 Key Implications for the Energy & Natural Resources Sector
Jul 17, 2015
On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…
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Unproven Aboriginal Rights Enough For Lawsuit Against Private Industry in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc.
Jul 10, 2015
On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…
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3 Reasons for Directors, Officers and Supervisors To Take Occupational Health and Safety Personally
Jun 25, 2015
Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations. However, not…
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Nova Scotia Goes Its Own Way: Future CPP Disability Benefits Deductible Under SEF 44 in Portage Le Prairie Mutual Insurance Company v. Sabean and Hallett
Jun 8, 2015
On June 4, 2015, the NS Court of Appeal decided the value of future CPP disability benefits is deductible under the SEF 44 family protection…
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The New NS Missing Persons Act: 5 Privacy Implications for Businesses, Organizations & Public Bodies
Jun 2, 2015
Effective April 22, 2015 the NS Government enacted the NS Missing Persons Act, lowering the threshold for police to get an order to access…
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The Export/Import Journey: 3 Key Ways Choosing a Free Trade Agreement Country Can Simplify the Trip
Apr 2, 2015
The market for the sale and the supply of goods is a global one for many businesses in today’s economy. Both exporting goods from Canada and…
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Wait a Minute Mr. Postman … 3 Lessons Health Canada’s Privacy Breach Delivers to the Private Sector
Mar 25, 2015
On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana…
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No Messing Around – $1.1M First Penalty for Canada’s Anti-Spam Legislation (CASL) Violations by Compu-Finder
Mar 6, 2015
On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…
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Final Form of New NS Limitation of Actions Act: “Sudden Death” Limitation is Out for Personal Injury Claims
Feb 18, 2015
The new NS Limitations of Actions Act – the legislation that determines the limitation period (time limit) in which a lawsuit must be started…
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No More Criminalization of Physician-Assisted Dying: The Ripple Effects of A Watershed Decision in Carter v. Canada (Attorney General)
Feb 9, 2015
NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…
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Effective Today: Canada’s Anti-Spam Legislation (CASL) Software Installation Sections
Jan 15, 2015
Today, January 15, 2015, the software installation sections of Canada’s Anti-Spam Legislation (CASL) take effect. CASL’s anti-spam…
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Privacy in Basic Cell Phones: SCC Continues Trend of Privacy Protection in R. v. Fearon
Dec 11, 2014
On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…
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Canada’s Anti-Spam Legislation (CASL) Software Installation Sections Effective January 15, 2015: 10 FAQs
Dec 11, 2014
On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect. CASL’s anti-spam sections, touted…
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5 “Legal” Reasons Why Natural Resource Companies Should Care About Corporate Social Responsibility (CSR)
Dec 10, 2014
“Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…
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Complying with Canada’s Anti-Spam Legislation (CASL): A blueprint for the construction industry
Dec 1, 2014
The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…
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Thou Shalt Not Lie: SCC Recognizes New Duty of Honesty in Contract Law in Bhasin v. Hrynew
Nov 14, 2014
On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…
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NS Proposes New Limitation of Actions Act: The 3 Top Benefits & The 10 Key Changes
Nov 3, 2014
Note: On November 20, 2014 the NS Government passed the final form of Bill 64, Limitations of Actions Act into law. The final form of the Act…
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Complying With Canada’s Anti-Spam Legislation (CASL): Protecting Directors and Officers from Personal Liability
Oct 14, 2014
CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…
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The Top 5 Corporate Governance Best Practices That Benefit Every Company
Sep 16, 2014
Many believe that only public companies or large, established companies with many shareholders need to be concerned about, or can benefit from,…
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Canadian Treaty Shopping Proposal Shelved Pending Final OECD Recommendation, First To Be Released September 16
Sep 11, 2014
The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents…
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Changes to NB Rules of Court Effective October 1, 2014 Benefit Successful Party
Sep 9, 2014
Effective October 1, 2014, the New Brunswick Rules of Court will change – some Rules for the first time since they came into effect in 1982.…
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Complying With Canada’s Anti-Spam Law (CASL) – Foreign Organizations Doing Business in Canada Need to Pay Attention
Aug 1, 2014
Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…
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SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada in Tsilhqot’in Nation v. B.C.
Jun 26, 2014
On June 26, 2014, in a groundbreaking decision on Aboriginal title, the Supreme Court of Canada (SCC) significantly elaborated on the legal test…
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SCC Protects Internet Users’ Expectation of Privacy In Online Activities in R. v. Spencer
Jun 16, 2014
On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…
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Counting Down to Canada’s Anti-Spam Legislation (CASL) – The Last Minute Guide to Preparing For CASL
Jun 12, 2014
The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…
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Counting Down to Canada’s Anti-Spam Legislation (CASL) –10 Steps to Prepare for CASL
May 8, 2014
On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…
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What’s In The Pipe? Municipal Liability for Flood and Sewage Back-Up Claims
May 2, 2014
April showers bring … flood and sewage back-up claims. Flooding and sewage back-up can result in significant damage for municipal ratepayers,…
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Counting Down to Canada’s Anti-Spam Legislation (CASL) – Does CASL Make You A “Spammer”?
Apr 15, 2014
The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…
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NS Workers’ Compensation Board Issues New Policy for Psychological Injury Claims
Apr 7, 2014
On March 31, 2014 the NS Workers’ Compensation Board (WCB) issued a new policy applicable to its adjudication of psychological injury claims…
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Cloud Computing: A Privacy FAQ
Mar 19, 2014
As organizations turn to cloud computing services, ensuring compliance with legislation and reducing privacy risks is key. In Canada, there is…
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Counting Down to Canada’s Anti-Spam Legislation (CASL): 10 Reasons Why You Should Care About The Upcoming CASL Right Now
Feb 28, 2014
On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…
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Counting Down to Canada’s Anti-Spam Legislation (CASL) – What You Need to Know Now
Feb 28, 2014
On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…
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Privacy in Computer Contents: Supreme Court of Canada Picks Up Where It Left Off in R. v. Vu
Nov 8, 2013
On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…
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Legal Update: Risky Trading – Insiders and Potential M&A’s
Nov 1, 2013
Recent decisions of securities regulators and amendments to Canadian securities laws demonstrate regulators' lowered tolerance for insiders who…
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General Security Agreements – Tips and Traps
Aug 28, 2013
A general security agreement (GSA) is the most common form of personal property security used in the Atlantic Provinces to secure commercial…
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Franchise Questions: What do I need to know about moving into new markets?
Jun 7, 2013
In Franchise Canada’s Spring 2013 “Viewpoints” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…
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Supreme Court of Canada Confirms Employees May Have a Limited Reasonable Expectation of Privacy In Work Computer in R. v. Cole
Nov 28, 2012
On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…
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Legal Alert: SCC Finds Limited Reasonable Expectation of Privacy In Work Computer But Evidence Still Admissible
Oct 22, 2012
Mr. Cole was a high school teacher with an employer owned and issued laptop computer. He also used it for incidental personal purposes, which…
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Ontario Court of Appeal Finds Reasonable Expectation of Privacy in Work Computer
May 6, 2011
In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…
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Professional Negligence for Realtors – A Rising Tide
May 6, 2011
Earlier this year, the Ontario Court of Appeal reversed the Superior Court of Justice’s decision in Krawchuk v. Scherbak. The Court’s…
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Legal Update: Cloud Computing and Privacy FAQ
Apr 7, 2011
Note: Click here to read an updated version of this Legal Update in Cloud Computing: A Privacy FAQ as seen in as seen in CCCA Magazine, Spring…
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A Closer Look at the Regulations Under the New Brunswick Franchises Act
Oct 1, 2010
McInnes Cooper franchise lawyer Michael Melvin highlights some of the significant features of the Disclosure Documents Regulation and the…
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What are electronic disclosure documents and why and how may they be used?
May 31, 2010
In Franchise Canada’s May/June 2010 “Ask A Legal Expert” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…
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