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Solicitor Client Privilege

Canada (National Revenue) v. Chamandy, (2014 FC Mactavish)–CRA demands for information must be clear about the addressee

CRA has power to demand that a taxpayer provide information.   CRA sent a demand to Mr. Chamandy for documents and information related to a corporation of which he was a director.  He refused, for several reasons, including that some of the documents were protected by solicitor-client privilege.  So CRA applied to the Federal Court to order Mr. Chamandy to comply.  The Court refused the… Read More »Canada (National Revenue) v. Chamandy, (2014 FC Mactavish)–CRA demands for information must be clear about the addressee

Slansky v. Canada (Attorney General), 2013 FCA 199 (Evans) – When does “Solicitor Client privilege” apply?  What does it get you?

This is a long decision (100 pages), arising from a complaint against a judge of the Ontario Superior Court of Justice and his conduct of a 2-year murder re-trial.  Complaints against Canada’s superior court judges are made to the Canadian Judicial Council under the Judges Act, R.S.C. 1985, c. J-1.  Relying on a report of a distinguished University of Toronto law professor, the Chair of the reviewing… Read More »Slansky v. Canada (Attorney General), 2013 FCA 199 (Evans) – When does “Solicitor Client privilege” apply?  What does it get you?

Thompson v. Canada (National Revenue), (2013 FCA Trudel) – Solicitor-client privilege protects clients not lawyers from audit

Solicitor-client privilege “belongs to the client, not the lawyer”.  (Para. 39.)  It “applies only to a communication between a lawyer and client, which is of a confidential character, and which is directly related to the seeking, formulating or giving of legal advice. Put differently, privilege will not attach to communications in which legal advice is neither sought nor offered or where the communication is not… Read More »Thompson v. Canada (National Revenue), (2013 FCA Trudel) – Solicitor-client privilege protects clients not lawyers from audit