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ARTICLE · 05 NOVEMBER 2014

Class Members Found To Waive Solicitor-Client Privilege

Osler, Hoskin & Harcourt LLP
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A recent Ontario decision by Justice Perell has analyzed when class members will have waived privilege over solicitor-client communications.

CanadaLitigation, Mediation & Arbitration
Larry Lowenstein
Larry Lowenstein
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A recent Ontario decision by Justice Perell has analyzed when class members will have waived privilege over solicitor-client communications. The decision emphasizes the breadth of consequences of certification for class members beyond the determination of common issues. target=_blank

The class was made up of investors in a timeshare program that was expected to provide tax benefits. The class had received tax opinions from a law firm, Cassels Brock & Blackwell LLP. The Canada Revenue Agency, however, disallowed the expected tax benefit.

The class then sought opinions from a second law firm, Thorsteinssons LLP, with respect to litigating the CRA's decision in the Tax Court of Canada.

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