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

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 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

Heuristica Sponsors ILCO Education Awards

Heuristica is pleased to sponsor The Institute of Law Clerks of Ontario (ILCO) Annual Education Awards Luncheon at the Ritz-Carlton Hotel in Toronto on March 3rd, 2018.

This event acknowledges and honours ILCO’s highest achieving students in their Associate and Fellowship courses from the prior academic year.

For several years Heuristica Discovery Counsel has instructed the eDiscovery Advanced Theory & Practices for Litigation Support Fellowship Course.

For more information about the eDiscovery Fellowship course or to register please visit the ILCO web site here.

For information about how Heuristica can deliver customized eDiscovery training to your litigation team please contact us at info@discoverycounsel.ca… Read More

Federal Court of Appeal: No Public Interest Class Privilege

Candice Chan-Glasgow

Director, Document Review Services

February 26, 2018

In Vancouver Airport Authority v. Commissioner of Competition, 2018 FCA 24, the Federal Court of Appeal denied the Commissioner of Competition a public interest class privilege over documents obtained during an investigation.

The investigation related to the Airport Authority’s decision to allow only two in-flight caterers to operate at the Vancouver International Airport. The Commissioner alleged that the Airport Authority behaved in an anti-competitive manner, resulting in “higher prices, dampened innovation and lower service quality”.

The Commissioner’s initial affidavit of documents listed 11,500 relevant documents. Approximately 9,500 of these records were withheld on the basis of an alleged public interest class privilege. … Read More

Heuristica Teaches Law Clerk eDiscovery Fellowship Course

Several members from the firm will once again teach The Institute of Law Clerks of Ontario (ILCO) 2018 eDiscovery Advanced Theory and Practices for Litigation Support Fellowship Course.

The eDiscovery Fellowship Course is designed for litigation support professionals and law clerks and explores the legal and practical principles of electronic discovery in a legal practice context.

Using the Electronic Discovery Reference Model (EDRM) and the Sedona Canada Principles, participants will discuss the issues and tasks underlying each phase of the process. With an emphasis on proportionality and defensibility at every stage, practical information will be covered, including cooperative discovery planning, the supporting evidence required for discovery motions, and the admissibility of evidence. … Read More