Common Interest Privilege In Cross-Border Matters: Canada Vs. U.S. Law

While many tenets concerning the protections afforded by privilege are similar in both Canada and the United States, there are key differences and treatment when it comes to settlement and common interest privilege, as some recent cases highlight.

COMMON INTEREST PRIVILEGE IN CANADA

Common interest privilege has been interpreted in Canada to apply to many communications providing the parties share a "common interest" in the underlying subject matter. Typically, a common interest has been applied to enable parties to communicate frankly between themselves without waiving privilege where generally the parties have the same self-interest, share a common goal or are seeking same or similar remedies.