ArticleSolicitor Client Privilege In Tax MattersIn a prior blog post, I said that solicitor client privilege remains strong in Canada.CanadaTaxMoodys Private Client Law LLP
ArticlePrivilege Wins Out Over Document Production Requests, Orders And FOI Legislation - SCC Confirms Status Of Solicitor-Client Privilege And Litigation PrivilegeSolicitor-client privilege and litigation privilege are well understood to be conceptually distinct conceptsCanadaLitigation, Mediation & ArbitrationMcMillan LLP
ArticleWill The Canadian Government Recognize My Foreign Marriage?As a Canadian citizen or permanent resident, you are allowed to sponsor certain family members to reside in Canada indefinitely. CanadaFamily and MatrimonialMatthew Jeffery Barrister & Solicitor
ArticlePrivacy Commissioner May Not Review Privileged Documents, Says Supreme Court Of CanadaThe Supreme Court of Canada has rejected the Canadian Privacy Commissioner’s attempt to expand her mandate to include testing solicitor–client privilege claims. CanadaPrivacyTorys
ArticleCould Solicitor-Client Privilege Be A Hallmark Of A Reportable Transaction Under Proposed S. 273.3 Of The Income Tax Act?Under proposed 237.3 of the Income Tax Act, a "reportable transaction" is an avoidance transaction that has two of three "hallmarks" (fee hallmark, confidential protection hallmark, or contractual protection hallmark). CanadaTaxDentons Canada LLP
ArticleCRA Requests For Lawyers' Trust LedgersSakab Saudi Holding v. Saad Khalid (2024 ONSC 1601; under appeal), a recent civil litigation decision on solicitor-client privilege, may strengthen protections for lawyers...CanadaTaxTorys
ArticleTax Practice Reminder – There Is No Accountant-client PrivilegeIn an important decision (Coopers Park Real Estate Development Corporation v. HMK, 2024 TCC 122) released in September 2024, the Tax Court of Canada ordered the production of an accountant's client related documents and (for the most part) dismissed a claim of solicitor-client privilege made by a taxpayer.CanadaTaxMiller Thomson
ArticleThe Supreme Court, Full Recourse Loans And Legal AdviceIn Whelan v. AIB (Unreported Supreme Court 30/1/14) the third plaintiff, his wife and children, contracted for a loan to purchase land in Waterford for €25 Million, which later had a value less than €5 million. IrelandLitigation, Mediation & ArbitrationStephen O'Sullivan, Barrister
Article"Willie's Law" – Testing Times For Capacity In Scotland?Before William Johnston died, he signed away over £425,000 to his business partner. However, his family claimed that he did not have capacity to sign the legal documents and are calling for an...United KingdomFood, Drugs, Healthcare, Life SciencesShepherd and Wedderburn
ArticleSupreme Court Seeks Solicitor General's Input On Scope Of ERISA Preemption Of State Rate Regulation Of Pharmacy Benefit Managers (PBMs)PBMs are entities that manage prescription drug benefits.United StatesEmployment and HRSeyfarth Shaw LLP
ArticleLaw Society Of Alberta v Higgerty: Non-creditors Appointments Under The Judicature ActIn Law Society of Alberta v Higgerty, the Alberta Court of King's Bench allowed for the appointment of a receiver and manager under the Judicature Act, RSA 2000, c J-2 (the Judicature Act).CanadaInsolvency/Bankruptcy/Re-StructuringBorden Ladner Gervais LLP
ArticleIs Solicitor-Client Privilege Absolute? Case: One York St. Inc. v. 2360083 Ont. Ltd.Parties to litigation can expect that particulars of the advice they have received from counsel will remain privileged in most instances. However, there are times when a party, through its actions or its pleadings...CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleLegal Advisers' Files Are Not Archives For Tax Authorities, SCC RulesThe Supreme Court of Canada released two decisions last week regarding the power of the Canada Revenue Agency to demand production of information and documents, including accounting records...CanadaTaxBlake, Cassels & Graydon LLP
ArticleSupreme Court Holds That "legitimate Interests" In A Non-compete Clause Are Not Limited To The Agreement's Provisions But Can Include The Parties' Non-contractual IntentionsIn January 2016, Your Lawyers LLP issued a claim in relation to diesel vehicle emissions against the Volkswagen Group with the intention of applying for a Group Litigation Order (GLO). Your Lawyers, ...United KingdomLitigation, Mediation & ArbitrationWiggin
ArticleWhat Rates Can A Solicitor Charge Their Opponent In Their Own Litigation?Can a solicitor, acting in person in litigation, charge themselves out at their usual hourly rates? This issue was recently considered at a hearing at the County Court in Oxford.United KingdomLitigation, Mediation & ArbitrationBindmans LLP
ArticleWhere There's A Will, There's A WayThe High Court upheld a dying woman's revocation of her Will by destruction, confirming her mental capacity and intent. This rare case highlights the importance of clear testator intentions in estate disputes and probate law.United KingdomFamily and MatrimonialCripps
ArticleSolicitor's Failure To File Costs Budget Not Remedied By Undertaking To Pay Costs Thrown AwayThe defendants will now be treated as having filed a costs budget comprising only applicable court fees. United KingdomCorporate/Commercial LawDentons
ArticleTitle Insurance vs Title OpinionCommercial mortgage lenders often prefer a lender's title insurance policy over a solicitor's title opinion for several key reasons...CanadaInsuranceGardiner Roberts LLP
ArticleThe top 10 reasons why hiring a solicitor will benefit you in resolving a disputeDescribes the top 10 reasons why seeking legal advice can benefit you.AustraliaLitigation, Mediation & ArbitrationRostron Carlyle Rojas
ArticleMadden Update: Solicitor General Says the Second Circuit Got it Wrong—But that the Decision Should Still Stand for NowThe controversial decision in Madden v. Midland Funding, LLC, was "incorrect" and "reflects an unduly crabbed conception of [National Bank Act] preemption," said the Solicitor General and the Office of the Comptroller of the Currency ("OCC") ..United StatesFinance and BankingMayer Brown