Application for Declaration of Waiver of Privilege (Precedent): Difference between revisions
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! Application to Determine Privilege | ! Application to Determine Privilege | ||
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| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" |--> | ||
{{Style of Cause}} | {{Style of Cause}} | ||
{{TITLE|NOTICE OF APPLICATION|(''ex parte'' and ''in camera'')<Br>(''Application for Declaration of Waiver of Solicitor-Client Privilege'')}} | {{TITLE|NOTICE OF APPLICATION|(''ex parte'' and ''in camera'')<Br>(''Application for Declaration of Waiver of Solicitor-Client Privilege'')}} | ||
'''TAKE NOTICE''' that an ''in camera'' Application is being | {{I-Start}}'''TAKE NOTICE''' that an ''in camera'' Application is being made for an Order of Declaration affirming the waiver of any privilege associated with the ... .{{I-End}} | ||
'''WHEREAS''' ... | {{I-Start}}'''WHEREAS''' ...{{I-End}} | ||
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}} | {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}} | ||
# | # Courts have a duty to not permit intrusion upon privilege where it might be present: see R v AB, 2014 NLCA 8 (CanLII), 346 Nfld & PEIR 218, per Harrington JA at paras 21 to 23 | ||
# All counsel have a common law duty of loyalty to their clients, which includes a duty of confidentiality: Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 SCR 821. Likewise, members of the [law society] are bound by [rule re confidentiality] requiring that they hold in confidence all information concerning the business and affairs of a client. | # All counsel have a common law duty of loyalty to their clients, which includes a duty of confidentiality: Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 SCR 821. Likewise, members of the [law society] are bound by [rule re confidentiality] requiring that they hold in confidence all information concerning the business and affairs of a client. | ||
# Investigators are not permitted to interview lawyers or former lawyers where there is a reasonable possibility that the interview may intrude on solicitor-client privilege: e.g. R v Rudolph, 2017 NSSC 333 (CanLII) | # Investigators are not permitted to interview lawyers or former lawyers where there is a reasonable possibility that the interview may intrude on solicitor-client privilege: e.g. R v Rudolph, 2017 NSSC 333 (CanLII) | ||
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# Any additional grounds as counsel may advise and this Honourable Court may permit. | # Any additional grounds as counsel may advise and this Honourable Court may permit. | ||
'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:''' | {{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}} | ||
# Affidavit of [officer] | # Affidavit of [officer] | ||
# Accompanying Exhibits: | # Accompanying Exhibits: | ||
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# ... | # ... | ||
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:''' | {{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}} | ||
# An Order... | # An Order... | ||
{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}} | |||
In accordance with the appropriate Rules of Court, | |||
{{CounselAddress}} | |||
{{DATED}} | {{DATED}} | ||
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==Affidavit== | ==Affidavit== | ||
{|class="wikitable" style="width:650px; background-color:white; " | <!--{|class="wikitable" style="width:650px; background-color:white; " | ||
! AFFIDAVIT (GENERIC) | ! AFFIDAVIT (GENERIC) | ||
|- | |- | ||
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{{Style of Cause}} | {{Style of Cause}} | ||
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|- | |- | ||
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<center><b> EXHIBIT A<br> | <center><b> EXHIBIT A<br> | ||
[DESCRIPTION]<b></center> | [DESCRIPTION]<b></center> | ||
|- | |- | ||
| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" |--> | ||
<center><b> EXHIBIT B<br> | <center><b> EXHIBIT B<br> | ||
[DESCRIPTION]<b></center> | [DESCRIPTION]<b></center> | ||
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! Order | ! Order | ||
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{{Style of Cause}} | {{Style of Cause}} | ||
{{TITLE|ORDER|('' | {{TITLE|ORDER|(''Re Waiver of Solicitor-Client Privilege'')}} | ||
'''BEFORE THE HONOURABLE JUSTICE:''' | |||
{{I-Start}}'''BEFORE THE HONOURABLE JUSTICE''' [name]{{I-End}} | |||
{{I-Start}}'''WHEREAS''' on [date], the Crown made Application to determine whether any potential solicitor-client privilege has been extinguished by way of waiver from potential clients of the firm [name] (the "firm").{{I-End}} | |||
''' | {{I-Start}}'''AND WHEREAS''' investigators with the RCMP commercial crime section seek to interview persons previously employed by or a member of the firm, including former and current members of the provincial bar, concerning their dealings with certain complainant clients of the firm;{{I-End}} | ||
'''WHEREAS''' | {{I-Start}}'''AND WHEREAS''' any persons previously employed by or a member of the firm have no obligation to speak to members of the RCMP notwithstanding any other part of this Order;{{I-End}} | ||
'''AND | {{I-Start}}'''AND UPON READING''' the materials filed by the Applicant Crown Counsel consisting of:{{I-End}} | ||
* an affidavit of Cst. [name] summarizing relevant investigative steps taken by members of the RCMP; | |||
* written solicitor-client privilege waivers of certain complainant clients of the firm; | |||
* a list of potential clients who declined to agree to any waiver of potential privilege; | |||
'''IT IS ORDERED''' that the . | {{I-Start}}'''AND UPON HEARING''' the submissions of [name], the Applicant Crown Counsel;{{I-End}} | ||
{{I-Start}}'''AND ON BEING SATISFIED''' that the client waivers are in order;{{I-End}} | |||
{{I-Start}}'''IT IS ORDERED''' that any solicitor-client privilege connected with the following potential clients have been duly waived for the following persons:{{I-End}} | |||
{{I-Start}}'''IT IS FURTHER ORDERED''' that any solicitor-client privilege held by clients other than those listed herein remain unaffected.{{I-End}} | |||
{{DATED}} | {{DATED}} | ||
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Latest revision as of 21:37, 23 December 2024
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Notice
Application to Determine Privilege |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF APPLICATION TAKE NOTICE that an in camera Application is being made for an Order of Declaration affirming the waiver of any privilege associated with the ... . WHEREAS ... THE APPLICANT RELIES ON THE FOLLOWING GROUNDS
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name]
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding] |
<gdoc id="1btRgha93mpkv_Jiuk4sa7QxAIrhZuMsoFzrWVQSl6hU" width="750" height="1000" />
Affidavit
C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
– and –
AFFIDAVIT OF [AFFIANT NAME]
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
- I am the [relationship to case] herein and have personal knowledge of the matters and facts herein deposed to, except where stated to be based on information and belief, in which case I do verily believe the same to be true.
- ...
[Internal File Coding]
|- | style="width: 50%; vertical-align: top;" |-->
[DESCRIPTION]
|- | style="width: 50%; vertical-align: top;" |-->
[DESCRIPTION]
|}
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Order
Order |
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-->
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
ORDER BEFORE THE HONOURABLE JUSTICE: BEFORE THE HONOURABLE JUSTICE [name] WHEREAS on [date], the Crown made Application to determine whether any potential solicitor-client privilege has been extinguished by way of waiver from potential clients of the firm [name] (the "firm"). AND WHEREAS investigators with the RCMP commercial crime section seek to interview persons previously employed by or a member of the firm, including former and current members of the provincial bar, concerning their dealings with certain complainant clients of the firm; AND WHEREAS any persons previously employed by or a member of the firm have no obligation to speak to members of the RCMP notwithstanding any other part of this Order; AND UPON READING the materials filed by the Applicant Crown Counsel consisting of:
AND UPON HEARING the submissions of [name], the Applicant Crown Counsel; AND ON BEING SATISFIED that the client waivers are in order; IT IS ORDERED that any solicitor-client privilege connected with the following potential clients have been duly waived for the following persons: IT IS FURTHER ORDERED that any solicitor-client privilege held by clients other than those listed herein remain unaffected. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________________ Justice of the [Level of Court] of [Province] [Internal File Coding] |
<gdoc id="1gWTRyE1Uqv0GPCMTECkAOmpQ81qSRobsAc8rCGKlLEc" width="750" height="1000" />