Canada Case Law

Denike v. Dalhousie University

Court

Supreme Court of Nova Scotia

After in camera review of nine sealed volumes the court applied FOIPOP statutory tests and caselaw and concluded: Volume 1 consisted of personal, non‑departmental emails not within the public body's custody/control and properly withheld; Volume 7 communications constituted advice/recommendations exempt under s.14; Volumes 4 and 5 were protected by solicitor‑client privilege under s.16; Volumes 2, 3 and 6 contained third‑party personal information and investigator witness summaries exempt under s.20; discrete pages in Volumes 1 and 6 met s.21 confidential labour relations criteria; accordingly…

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• Foipop exemptions
• Custody and control of records
• Solicitor-client privilege
• Advice to public body
• Personal information/unreasonable invasion of privacy
• Confidential labour relations information

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Salasel v. Cuthbertson

Court

Court of Appeal for Ontario

The Court held that issue estoppel barred the appellants from recovering as special damages the "extra costs" because entitlement to costs was necessarily determined in the prior final proceedings; and that the Underwood Letter was made on an occasion sufficiently preparatory and intimately connected to contemplated judicial proceedings and therefore protected by absolute privilege, rendering the remaining claims an abuse of process under Rule 21.01(3)(d).

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• Issue estoppel
• Absolute privilege
• Costs
• Abuse of process
• Consent to medical treatment
• Substitute decision-maker

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Pro-Sys Consultants Ltd. v. Infineon Technologies AG

Court

Supreme Court of British Columbia

Interlocutory case-planning ruling on document production, privilege, confidentiality, and witness control issues in a competition action.

• Document production
• Privilege
• Confidentiality
• Subpoena
• Assurance measures by counsel
• Regulatory investigation materials (european commission)

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Blank v. Canada (Justice)

Court

Federal Court of Appeal

The Court dismissed the appeal: the Federal Court did not err in finding that the contested records qualified for solicitor-client privilege under s.23, that privilege was not waived as to the file, that there was no demonstrated bad faith in processing access requests, and that the searches and releases were adequate on the evidentiary record; costs awarded against the appellant were appropriate.

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• Solicitor-client privilege
• Waiver
• Bad faith in administrative processing
• Missing/unprocessed records
• Standard of review
• Costs

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Canadian Maritime Engineering Limited v. BC Marine Group Enterprises Inc.

Court

Supreme Court of British Columbia

The court refused special costs, admitted settlement correspondence on a costs application, and awarded costs on mixed scales based on the parties’ conduct and timing.

• Special costs
• Settlement privilege
• Forgery allegation
• Handwriting expert evidence
• Discontinuance
• Joint tenancy

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Griffith v. Cox

Court

Supreme Court of British Columbia

The court struck out a defamation and malicious prosecution claim as statute-barred and unsupported, holding the challenged statements were privileged and no civil action lay for testimony in court.

• Absolute privilege
• Qualified privilege
• Witness immunity
• Statute of limitations (limitation act)
• Summary disposal/strike out
• Defamation

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