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Litigation Privilege Protects Against Disclosure of Database of Records | Bennett Jones LLP

[co-author: Brendan Sigalet - Articling Student] A litigation document management database does not have to be disclosed to the other side in a lawsuit, even where that leads to substantial expense and time consequences for a counterparty, the Federal Court of Appeal recently held in Tkemlups]. The database is protected by litigation privilege. Documents that are privileged do not have to be disclosed to the other side in a lawsuit or a freedom of information response. Several different types ...
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