The Resource Privilege update : trilogy of Canadian cases confirms the functional approach

Privilege update : trilogy of Canadian cases confirms the functional approach

Label
Privilege update : trilogy of Canadian cases confirms the functional approach
Title
Privilege update : trilogy of Canadian cases confirms the functional approach
Creator
Subject
Language
eng
Summary
In Canada, there have been conflicting court decisions on whether a lawyer's communications with third-party advisors (such as accountants, actuaries, and financial advisors) are privileged. In particular, a recent Canadian trilogy of cases may help lawyers in protecting and maintaining solicitor-client privilege with respect to their communications with third-party advisors. This trilogy consists of Bank of Montreal v. Tortora, Camp Development Corporation v. South Coast Greater Vancouver Transportation Authority, and Barrick Gold Corporation v. Goldcorp Inc. The conflicting approaches with respect to third-party communications are often referred to as the "agency" approach and the "functional" approach. This article looks at these two sometimes conflicting approaches. In the trilogy, the courts affirmed and expanded on the functional approach. As a result of these cases, it seems that Canadian courts most prefer the functional approach
Citation source
In: Journal of international taxation. - New York. - Vol. 23 (2012),
http://library.link/vocab/creatorName
  • Kingissepp, A.H
  • Bhatia, S
Geographic coverage
North America
Language note
English
http://library.link/vocab/subjectName
  • professional privilege
  • case law
Label
Privilege update : trilogy of Canadian cases confirms the functional approach
Instantiates
Publication
Label
Privilege update : trilogy of Canadian cases confirms the functional approach
Publication

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