Order has been Restored: Federal Court of Appeal Upholds Common Interest Privilege

Order has been Restored:  Federal Court of Appeal Upholds Common Interest Privilege

Candice Chan-Glasgow

Director, Document Review Services

March 27, 2018

 

In Iggillis Holdings Inc. v. Canada (National Revenue), 2018 FCA 51 (CanLII), a highly anticipated decision released earlier this month, the Federal Court of Appeal overturned a Federal Court decision which found that common interest privilege “is not a legitimate or acceptable application of solicitor-client privilege”.

 

In this case, Abacus Capital (“Abacus”) structured a series of transactions to acquire the shares of the corporations that were previously held by IGGillis Holdings Inc. and Ian Gillis (collectively, “Gillis”).  Abacus’ lawyer, with input from Gillis’ lawyer, prepared a memorandum outlining the steps to purchase the shares in the most tax-efficient manner (the “Abacus Memo”). … Read More

Heuristica Sponsors the Laskin Moot Court Competition

Heuristica Sponsors the Laskin Moot Court Competition

Heuristica is pleased to sponsor the Laskin, Canada’s only annual national bilingual moot court competition in Canadian administrative and constitutional law.

 

The Laskin provides a unique opportunity for law students, judges, law professors and practitioners from across Canada to meet and debate problems of current importance in the law.  Its goals are to foster a better and deeper understanding of the law and to support and encourage legal education and bilingualism while at the same time promoting in the legal community a spirit of cooperation and understanding that transcends linguistic and provincial boundaries.

 

The competition is administered by a committee of volunteer judges and lawyers, and is hosted by a different Canadian law school each year. … Read More

Heuristica Speaks to The Association of General Counsel of Alberta

Heuristica Speaks to The Association of General Counsel of Alberta

Heuristica is pleased to speak at the monthly meeting of The Association of General Counsel of Alberta (AGCA) in Calgary.

 

The AGCA was formed as a society under the Societies Act (Alberta) in 1986 to provide a networking vehicle for general counsel and to provide a forum to discuss and learn about issues of interest to the group.

 

This month’s meeting is entitled “Two Innovative Ways to Control Litigation Cost and Risk:  Using Litigation Funding and Efficient eDiscovery Techniques“.

 

Efficient analysis of burgeoning electronically stored information (ESI) for use in litigation is increasingly critical to manage the cost and risk of a proceeding. … Read More

“Preliminary analysis needed for production deadline” – AdvocateDaily.com

“Preliminary analysis needed for production deadline” – AdvocateDaily.com

Lawyers need to complete a preliminary analysis of the electronic documents in a case before agreeing to firm production deadlines in a discovery plan, says Wendy Cole, director of project management and counsel at Heuristica Discovery Counsel.

 

“Litigation lawyers often underestimate the complexity of electronic documents, what it takes to collect them, analyze them, and then ultimately review and produce them,” she tells AdvocateDaily.com.

 

There is simply no way to accurately estimate how complex and labour intensive the document review process will be until the upfront work of collecting and analyzing the data has been completed, says Cole, a Toronto lawyer who focuses on legal document review projects.… Read More