Michael Mysak

May 23, 2024 | mondaq.com | Michael Mysak |Keely Cameron |Lisa Rodriguez

A recent decision out of the Alberta Court of Appeal1 found that as soon as a company handed over their investigative reports to regulators in connection with a pipeline incident, privilege over the reports was lost. Litigation privilege is a type of class privilege that applies to a document or group of documents that were prepared for the dominant purpose of litigation. It can arise when litigation is underway or reasonably anticipated.

May 21, 2024 | jdsupra.com | Keely Cameron |Michael Mysak |Lisa Rodriguez

A recent decision out of the Alberta Court of Appeal1 found that as soon as a company handed over their investigative reports to regulators in connection with a pipeline incident, privilege over the reports was lost. Litigation Privilege in a NutshellLitigation privilege is a type of class privilege that applies to a document or group of documents that were prepared for the dominant purpose of litigation. It can arise when litigation is underway or reasonably anticipated.