OBA Civil Litigation PROGRAM | Original Program Date: January 30, 2023

Common interest privilege allows parties to coordinate with each other without losing privilege. For example:

• Plaintiffs in different actions to coordinate their claims, or retain experts jointly;
• Defendants in the same or different actions to coordinate their defences, or retain experts jointly; and
• Defendants to communicate with insurers and claims adjusters, all without losing privilege.

More recently, some – but not all – courts have suggested that this doctrine could be extended to commercial transactions. But the doctrine is a lot narrower than many lawyers believe. Our expert faculty will update you on the latest developments in the law of common interest privilege so that you can be certain your client’s privilege will not be inadvertently waived. At this interactive session, attendees will hear real life descriptions and analysis of how common interest privilege has been challenged, lost, and/or protected and what counsel could have done to better protect it.

PROGRAM CHAIRS

Nidhi Punyarthi, City of Niagara Falls
Adil Abdulla, Sotos LLP (Toronto)

PROGRAM SPEAKERS

Maureen Littlejohn, Davies Ward Phillips & Vineberg LLP (Toronto)
Natalia Rodriguez, Conway Baxter Wilson LLP (Ottawa)
Alexander Gay, Department of Justice Canada (Ottawa)

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