Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
It is not unusual for a party in commercial litigation to want a sealing order, particularly when commercially or competitively sensitive information is going to be produced. In 2002, the Supreme Court of Canada’s decision in Sierra Club of Canada v. Canda[1] set out a framework to determine when a sealing order is appropriate. For …
Continue reading “Sealing the Record? Not as Easy as You Think”
What happens when a party claims it misunderstood the legal consequences of a contract, but had in fact obtained legal advice at the time it was executed? The short answer is that it can result in a complete loss of solicitor-client privilege. The Ontario Court of Appeal addressed this issue in One York Street Inc. …
Continue reading “Privilege at Risk: How Pleading Lack of Legal Understanding Can Backfire”
For spouses who find themselves named as co-defendants, a recent decision of the Ontario Superior Court of Justice is a warning about the limits of spousal privilege. A convenient plot device in law dramas such as Law and Order, spousal privilege protects spouses from disclosing communications between them. However, in Ontario, that privilege is limited …
Continue reading “Spousal Privilege: ‘Til Litigation Do Us Part”