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Federal Court of Appeal clarifies reach of solicitor-client privilege

Wednesday, March 14, 2018 @ 12:30 PM | By Amanda Jerome

By allowing an appeal over solicitor-client privilege, the Federal Court of Appeal has clarified a long established practice for lawyers concerning when privilege applies to a legal opinion if it’s disclosed to a person who is not the client, but is involved in common transactions with the client.

In Iggillis Holdings Inc. v. Canada (Minister of National Revenue) 2018 FCA 51, the court heard that Abacus Capital Corporations Mergers and Acquisitions (Abacus), which provides tax advice, organized a series of transactions that resulted in one of...