CLE Online

Welcome and Introduction

• overview and terminology issues
  • solicitor-client privilege
  • legal advice privilege
  • litigation privilege
  • settlement privilege
  • implied undertaking
  • client confidentiality

John S. Logan — Jenkins Marzban Logan LLP, Vancouver

Litigation Privilege and Solicitors' Brief Privilege

• solicitors' brief privilege: a subset of litigation privilege
• litigation privilege over investigation/adjusters' reports
• litigation privilege and self-represented parties
• expiration of litigation privilege
• laying a foundation for a claim of litigation privilege: advice for your clients
• tips for attacking a claim of litigation privilege
• tips for defending a claim of litigation privilege

Daniel R. Bennett — Bull, Housser & Tupper LLP, Vancouver

Communications With Expert Witnesses

• litigation privilege over expert reports
• changes implemented by the new Rules of Court
  • facts to be disclosed when report delivered
  • “early” disclosure of entire expert’s file
  • joint experts
• litigation privilege and legal advice privilege when expert is a party

Glenn A. Urquhart, QC — Singleton Urquhart LLP, Vancouver

Confidential Information: Use and Misuse in the Commercial and Employment Relationships

• restrictions on use of confidential information in the commercial and employment contexts
• remedies for misuse of confidential information
• leading cases and recent developments

Michael Carroll, QC — Davis LLP, Vancouver

Common Interest Exception to Waiver of Privilege

• overview of the common interest exception to waiver of privilege
• what is a common interest?
• the common interest exception in specific situations
  • common interest in litigation
  • common interest in transactions
  • fiduciary duty
• recent developments

Stephen R. Schachter, QC — Nathanson Schachter & Thompson LLP, Vancouver

Lunch (on your own)

Accidental Waiver of Privilege

Client Conflicts: Conflicted Out

• conflicts that prevent counsel from acting
• pre-emptive steps to avoid a conflict arising
• considerations when opposing counsel has a conflict
• when are applications necessary and appropriate?
• conflicts arising on joint retainers

J. Kenneth McEwan, QC — Hunter Litigation Chambers, Vancouver

Implied Undertaking vs. Evidence You Want

• what is covered by the implied undertaking of confidentiality and what is not?
• documents and discovery transcripts from other litigation
• does the undertaking end once the information becomes part of the court record?
• how hard is it to get judicial relief from the undertaking?
• what are the consequences of breach?

Mark D. Andrews, QC — Fasken Martineau DuMoulin LLP, Vancouver

Networking Break

Privilege and Complex Class Actions

• international and interprovincial considerations when dealing with privilege in complex class actions
• in-house counsel privilege
• strategies for handing privilege issues in document intensive cases

Violet Allard — Blake, Cassels & Graydon LLP, Vancouver

Confidentiality in Settlement

• is a confidentiality clause advisable?
• sample confidentiality clauses
• enforceability of confidentiality clauses

Daniel W. Burnett — Owen Bird Law Corporation, Vancouver