E-Brief Sept - Oct - The Advocates' Society

(Continued from page 15)...In practice, a lawyer's briefnormally includes materials coveredby the solicitor-client privilegebecause of their evidentconnection to legal advicesought or given in the courseof, or in relation to, the originatingproceedings. The distinctionbetween the solicitor-client privilegeand the litigation privilegedoes not preclude their potentialoverlap in a litigation context.Commensurate with its importance,the solicitor-client privilegehas over the years beenbroadly interpreted by thisCourt. In that light, anything in alitigation file that falls within thesolicitor-client privilege willremain clearly and forever privileged.6The Court touched on a number ofrelated issues. Among other things, itconfirmed the dominant purpose test,and clarified the relationship betweenlitigation privilege and the statute atissue: the federal Access to InformationAct. The Court also emphasized that,unlike legal advice privilege, litigationprivilege may arise and operate even inthe absence of a solicitor-client relationship;it applies to all litigants,whether or not they are represented bycounsel.It now remains to be seen how thisnewly-articulated approach will beinterpreted in practice. The key issuefor future cases will be to determine theprecise scope of the concept of "relatedlitigation."12th Annual Golf TournamentMitch Schachter said it was his only good round all summer, but it was the one thatcounted. He and his teammates won The Advocates’ Society 12th Annual GolfTournament at Cooper Creek on August 30, with a total point score of 136, and hecame away as the individual total points winner with a score of 52.Under the direction of chair Norm Freedman, Q.C., Mediator/Arbitrator, the tournamentattracted 92 golfers for a shotgun start, an excellent dinner and a great prizetable. Other tournament winners included:- “Low Gross”: a four-way tie between John Aikins of Forbes Chochla LLP; AlexDavidson; John Makins of Cohen Highley LLP, and Patrick Schmidt of Thomson,Rogers.- “Putting Contest”: Paul Iacono, Q.C. of Beard Winter LLP and YorkStreet DisputeResolution Group.- “Closest to the Hole”: Mark Edwards of Beard Winter LLP; Norm Freedman, Q.C.,Mediator/Arbitrator, Patrick Schmidt of Thomson, Rogers, and Michael Shannon ofCassels Brock & Blackwell LLP.- “Longest Drive”: Gil Fischler of ShillersLLP; Dylan Jervis, and John Makins ofCohen Highley LLP.- “Closest to the Hole”: Howard Wolch ofGardiner Roberts LLP.THANKS to our SPONSORS:ADR ChambersBaxter StructuresCollier Dispute ResolutionDye & Durham Co. Inc.LexisNexisM+F Mediation & Arbitration ServicesMcKellar Structured Settlements Inc.PricewaterhouseCoopers LLPYorkStreet Dispute Resolution GroupTournament chair Norm Freedman,Q.C., Mediator/Arbitrator.Notes:1. Counsel to The Advocates' Society inthe intervention.2. http://scc.lexum.umontreal.ca/en/2006/2006scc39/2006scc39.html.3. Often called solicitor-client privilege.4. (1988), 90 A.R. 323 (C.A.).5. Paras. 38-39.6. Paras. 49-50.We express our gratitude to WendyMatheson and David Outerbridge ofTorys LLP, who represented TheAdvocates’ Society in its interventionin the Blank appeal.The winning team, left to right: Alan Preyra of Diamond & Diamond; Chris Guerrette ofKronis, Rotsztain, Margles, Cappel; Kurt Bergmanis of Diamond & Diamond, and MitchSchachter of Kronis, Rotsztain, Margles, Cappel.16 VOLUME 18, NO. 1, SUMMER 2006