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Common interest privilege taken too far 

Thursday, September 01, 2016 @ 8:00 PM | By Alexander Gay

The law as it relates to common interest privilege remains unsettled in Canadian jurisprudence and can best be described as an ill-defined legal concept that has been stretched to a point of absurdity.

The privilege was originally intended by Lord Denning in Buttes Gas and Oil Co v. Hammer (No 3) [1981] QB 223 (CA), namely the protection of privileged evidence between parties that have a common interest in litigation or impending litigation.

The first and probably the most well-known means of disseminating privileged information to...