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Canadian Commissioner of Competition v. Canadian Real Estate Association

Martin Felsky Of Counsel July 28, 2026 Canada (Commissioner of Competition) v Canadian Real Estate Association [2026 FC 574] Summary The most interesting aspect of a recent Federal Court decision involving 26,000 privilege claims may not be the law of privilege, but rather what the case reveals about the increasingly industrial nature of modern eDiscovery. Following the issuance of an order compelling the Canadian Real Estate Association (“CREA”) to produce records and information to the Commissioner of Competition, CREA produced approximately 50,000 records, and a privilege log containing approximately 26,000 entries, 5,000 of which were redacted.




