Application for Declaration of Waiver of Privilege (Precedent): Difference between revisions

Revision as of 20:57, 7 July 2021

PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

See also: Searches Intruding on Solicitor-Client Privilege and Law Office Searches

Application to Determine Privilege
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] ([name] Region) BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] *NOTICE OF APPLICATION (ex parte)* (') TAKE NOTICE that an in camera Application is being sought for an Order of Declaration affirming the waiver of any privilege associated with the ... . WHEREAS ... THE APPLICANT RELIES ON THE FOLLOWING GROUNDS There is a presumption of privilege protecting records held by a lawyer concerning the ... The law states that determination of privilege is in the sole jurisdiction of the judge and not any of the parties. The police obtained waivers from client(s) of the [lawyer/law firm] ... 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: ... THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order... DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding]

Order
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] ([name] Region) BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] ORDER *(...)* Before the Honourable Justice Presiding: WHEREAS on [date], a .... . AND WHEREAS the appropriate persons have been notified; IT IS ORDERED that the .... DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________________ Justice of the [Level of Court] of [Province] [Internal File Coding]

@@ Line 17: / Line 17: @@
 {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}}
 # There is a presumption of privilege protecting records held by a lawyer concerning the ...
-# The law makes clear that determination of privilege is in the sole jurisdiction of the judge and not any of the parties.
+# The law states that determination of privilege is in the sole jurisdiction of the judge and not any of the parties.
-#
+# The police obtained waivers from client(s) of the [lawyer/law firm]
 # ...
 # Any additional grounds as counsel may advise and this Honourable Court may permit.
@@ Line 38: / Line 38: @@
 <gdoc id="xxxx" width="750" height="1000" />
 ==Order==