The State of Litigation Privilege After Blank
This article originally appeared in the July 2016 issue of Canadian Lawyer InHouse magazine.
Ten years ago, the Supreme Court of Canada rendered its decision in Blank v. Canada, thereby putting an end to considerable debate among Canadian jurists regarding the scope of the litigation privilege. In that decision, the Court underlined the distinct nature of this common law privilege, which had often been wrongly confused with solicitor-client privilege.