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ARTICLE · 21 NOVEMBER 2018

Supreme Court Of Canada Upholds Common Interest Privilege Rule

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The Supreme Court of Canada recently rejected a leave application of the Canada Revenue Agency, meaning the much heralded decision in Iggillis Holdings v Canada (MNR), 2018 FCA 51 is good law.

CanadaLitigation, Mediation & Arbitration
John Grant
John Grant
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The Supreme Court of Canada recently rejected a leave application of the Canada Revenue Agency, meaning the much heralded decision in Iggillis Holdings v Canada (MNR), 2018 FCA 51 is good law.  Confirmed is the Federal Court of Appeal's conclusion that sharing legal advice with other transacting parties, or working together with other parties' lawyers to develop the legal advice, will not waive solicitor-client privilege where the collaboration is done in pursuit of a common interest.

Privilege and the Common Interest Rule

Solicitor-client privilege protects communications between a lawyer and a client, made for the purpose of seeking or giving legal advice, that are intended to be confidential.  Common interest privilege is misnamed.  It is not a standalone privilege.  It is a rule that permits the sharing of privileged information without loss of solicitor-client privilege.

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