Tag archives: Iggillis Holdings Inc v Canada

Legal update: common interest privilege in commercial transactions

On March 6, 2018, the Federal Court of Appeal reversed the decision of the Federal Court of Canada in Iggillis Holdings Inc v Canada (National Revenue).

As we discussed in a previous post, the trial court decision in Iggillis Holdings had called into question the availability of common interest privilege in commercial transactions. The trial court found that privilege with respect to a memorandum prepared by purchaser’s counsel (with input from seller’s counsel) outlining the most tax-efficient way to structure a series of transactions had been waived when it was shared on a confidential basis with the seller.… Continue Reading

Federal court on common interest privilege: information shared in a transaction no longer protected

During commercial transactions, it is common for parties to a transaction to share documents and information that each party’s respective counsel had prepared in relation to the transaction. These documents or information typically concern matters that, upon sharing with the other parties, would assist in the completion of the transaction, such as the steps, procedure or structure of the transaction.

Until recently, such documents and information would have been considered privileged communications and protected from disclosure to third parties under the doctrine of “advisory” common interest privilege (Advisory CIP) which applies, as succinctly put by the Federal Court, … Continue Reading

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