Canada: Disclosure & Electronic Discovery & Privilege

Senior in-house lawyers rarely get the space to think. The demands of the role are relentless - the urgent matter, the inbox, the open door - and genuine strategic thinking is hard to protect when the operational pull never stops. The conversations that actually need to happen get deferred, again and again, in favour of whatever is most pressing today.

Parties to litigation can expect that particulars of the advice they have received from counsel will remain privileged in most instances. However, there are times when a party, through its actions or its pleadings...

The Ontario Court of Appeal issued decisions on several civil matters during the week of May 11, 2026, addressing complex issues ranging from insurance coverage disputes and corporate veil piercing to anti-SLAPP motions and administrative tribunal independence. These rulings provide important guidance on summary judgment procedures, causation analysis in multi-event losses, and the scope of deliberative secrecy protecting tribunal communications.

The Insurer's ‘liberal' approach to document production opened the door to wider waiver of privilege in Pacific Sands Beach Resort v. Co-Operators General Insurance Company, 2025 BCSC 858.

As businesses modernize, many are turning to artificial intelligence (AI) tools to increase productivity and lower costs. One such tool is AI notetaking—automated meeting transcriptions...

Litigation routinely involves thousands or even tens of thousands of documents. Expensive and time-consuming disputes over what must be disclosed and what is protected by privilege are commonplace.

Summary judgment is a powerful procedural tool that, among other things, permits a defendant to bring a motion to dismiss an action at an early stage...

There are very few things in the legal profession that have hard and fast rules, but privilege is certainly one of them.

In most cases, a cybersecurity breach triggers a multi-faceted response which may involve legal counsel, internal personnel, external investigators, and others.