Chan-Glasgow Speaks at OBA Professional Development Program

Chan-Glasgow Speaks at OBA Professional Development Program

Candice Chan-Glasgow, Heuristica’s Director, Legal Review Services and Counsel, will speak at the upcoming Ontario Bar Association Professional Development Program entitled “Forge a Better Union:  Strategies for Optimizing Coordination Between In-House and Litigation Counsel“.

 

The relationship between in-house counsel and their external litigation counsel can be complex, sometimes causing tension that results in a less than perfect working relationship.  While in-house counsel wrestle with doing more with less and litigating becomes more complex in our electronic age a new paradigm is needed such that the relationship between counsel ensures all parties benefit from the expertise of the other.… Read More

Tsekhman Teaches Discovery Planning as part of Ryerson Law Practice Program

Tsekhman Teaches Discovery Planning as part of Ryerson Law Practice Program

Ilan Tsekhman, Associate at Heuristica Discovery Counsel, and other senior Bay Street e-Discovery practitioners will teach Discovery Planning to candidates in the Ryerson Law Practice Program (LPP)

 

Ryerson’s Law Practice Program (LPP) is the first of its kind in Ontario.  It’s an innovative alternative to traditional articling with a rigorous and demanding eight-month program that combines online training, experiential learning, and a hands-on work term.  Ryerson works with the Law Society of Ontario and the legal community, including a strategic alliance with the Ontario Bar Association, to deliver a dynamic program that prepares law school graduates to succeed in their legal practice and careers.… Read More

Court Orders Non-Parties in Parallel Action to Produce Documents

Court Orders Non-Parties in Parallel Action to Produce Documents

June 11, 2018

 

In Schwoob v. Bayer Inc., 2018 ONSC 166 (CanLII), a product liability class action, the Ontario Superior Court of Justice ordered two non-parties affiliated with the defendant corporation to produce 2,900 documents that they had produced in a parallel U.S. class action proceeding.

 

The plaintiffs brought a claim against Bayer Inc. (“Bayer Canada”) and two affiliated companies, Bayer Healthcare Pharmaceuticals Inc. (“Bayer U.S.”) and Bayer Pharma AG (“Bayer Pharma”), in 2010, on behalf of women in Ontario who had taken certain prescription oral contraceptives.  The claim alleged negligence in the design, testing, distribution, marketing and sale of the contraceptives, as well as failure to adequately warn of the risk of adverse consequences.  … Read More

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

Federal Court of Appeal: No Public Interest Class Privilege

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