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Ingathered records and the scope of litigation privilege in Canada: Does litigation privilege apply to copies or collections of otherwise underprivileged documents?
Download2014-01-01
Introduction: Each of the scenarios described above gives rise to the same, long-standing question regarding document production in civil litigation, namely: are copies of otherwise unprivileged original documents or records, gathered for the dominant purpose of litigation (i.e. \"ingathered...
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2012
A litigator I used to work with had a way with metaphors. He once described a legal argument as being a “long arrow with a really short bow” — the implication being that, while impressive and even intimidating at first instance, the argument really did not “fly” and failed to advance the law in a...
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Whiten’s world: The Supreme Court of Canada’s insurance law decisions since Whiten v. Pilot Insurance Company
Download2003
Introduction: In the annals of Canadian insurance law, February 22, 2002, is a red letter day. On that date, the Supreme Court of Canada issued its decision in Whiten v. Pilot Insurance Co.,' upholding the trial jury's award of $1,000,000 in punitive damages against the insurer. The case was an...