Stockwoods lawyers Gerald Chan and Carlo Di Carlo published an article in this month’s Advocates’ Quarterly that takes on the scope of privilege in the internal investigation context. In the article, Gerald and Carlo challenge received wisdom and argue that courts (and the bar) need to re-think how to approach these issues. Arguing for a purposive approach to privilege, Gerald and Carlo argue that all work product that is the result of an internal investigation should be protected by either litigation or solicitor-client privilege.
A link to the article is here. (Please note, this is a pre-copy edited, post-peer reviewed version of the contribution accepted for publication in The Advocates’ Quarterly. Reproduced by permission of Thomson Reuters Canada Limited.)