LEGAL REPORT/LITIGATION
Exploring the limits of privilege
I
Going beyond the boundaries of traditional lawyer-client relationships. BY JENNIFER BROWN
to produce notes they took during in- terviews their clients gave to investors
n early May, Ontario Superior Court Justice Frank Marrocco ruled that lawyers who acted for former executives at Nortel Networks Corp. would not have
probing accounting irregularities at the failed telecom giant. Marrocco ruled the notes were protected by litigation privilege that shields communications between a solicitor and client to allow for preparation of a defence in contem- plation of litigation.
42 JULY 2012 www. CANADIAN Lawyermag.com
yers to refer to the notes, taken dur- ing a meeting in March 2004, would have a chilling effect on Canada's legal community. "I think it was a bit of an unusual situation in that you had a pre- trial motion a year ago over whether the
He suggested that forcing the law-
marco ciBola
