Tag: Professional Code

Litigation privilege given same protection as solicitor-client privilege

A provincial regulator that sought to force an insurance company to provide documents in the course of an investigation failed after the Quebec Court of Appeal held that the documents were covered by litigation privilege and solicitor‑client privilege.

In a marked departure from past rulings, the Quebec Court of Appeal appears to have granted litigation privilege the same protections afforded to solicitor-client privilege. In a clear blow to Quebec provincial regulators, the appeal court held in the much-anticipated ruling that regulatory bodies cannot gain access to documents covered by litigation privilege unless it is statutorily mandated.

“I was pleasantly surprised by the ruling because the Quebec Court of Appeal had in previous rulings minimized the importance of litigation privilege,” said Montreal lawyer Sylvain Lussier.

Damage control

The professional corporations overseeing lawyers and engineers declared recently that they now intend to get even tougher on crooked professionals.

Former politician loses right to practice accounting

A former Quebec politician who served a six-month sentence after being found guilty of five counts of fraud and three counts of breach of trust by a public official recently lost a legal battle against the accounting disciplinary committee.