Precedent - Application for Declaration of Waiver of Privilege

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Notice

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: Affidavit of [officer] Accompanying Exhibits: waiver of [client name] ... 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]

Affidavit

AFFIDAVIT (GENERIC)

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]

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.
...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

EXHIBIT A
[DESCRIPTION]

EXHIBIT B
[DESCRIPTION]

Order

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]