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Canada Case Law

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Criminal procedure 2023 BCCA 417

R. v. Bacon

The Court of Appeal varied a sealing order to let sealed reasons in R. v. Bacon be used in related Haevischer proceedings, subject to undertakings.

  • Sealing of judgment
  • Use of sealed materials in related proceedings
  • Undertaking by counsel
  • In camera and ex parte hearings
  • Abuse of process
  • Sealing-orders
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Competition law 2021 FC 968

Eaton v. Teva Canada Limited

Federal Court approved a litigation funding agreement in a proposed Competition Act class action over generic drug price-fixing, with limited confidentiality and class counsel designation.

  • Price fixing
  • Market allocation
  • Section 45 competition act
  • Section 46 competition act
  • Litigation funding approval
  • Champerty
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Criminal law 2019 BCCA 458

R. v. Bacon

The Court of Appeal for British Columbia ordered this criminal appeal heard in camera because it involved privileged and confidential information that could not be partially separated for open hearing.

  • Publication bans
  • Open court principle
  • In camera proceedings
  • Privileged and confidential information
  • S.517(1) and s.486.5 criminal code
  • Publication-bans
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Patent law 2014 FCA 50

Valeant Canada LP v. Canada (Health)

The Federal Court of Appeal dismissed the appeal and cross-appeal: it upheld the disqualification of Cobalt's in-house counsel (Mr. Migus) because he possessed relevant confidential information from his prior employment and disqualification is automatic in such circumstances, and it rejected Valeant's request to invalidate the notice of allegation because the evidentiary record was insufficient to show misuse of confidential information or to justify that extraordinary remedy on a disqualification motion rather than in a full action.

  • Notice of allegation
  • Notice of compliance
  • Disqualification of counsel
  • Solicitor-client privilege
  • Abuse of process
  • Remedies for misuse of confidential information
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Pension law 2005 BCSC 1762

Patrick et al. v. Telus Communications Inc.

Motion in a pension dispute: the plaintiffs obtained some discovery about other consent-pension applicants and discretionary documents, but not solicitor-client legal opinions.

  • Consent pensions
  • Discovery of documents
  • Solicitor-client privilege
  • Trustee discretion
  • Interrogatories
  • Unjust enrichment
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.