Does the doctrine of necessary implication apply when determining solicitor-client privilege?
Canada (Federal), Canada
The following excerpt is from Professional Institute of the Public Service of Canada v. National Research Council of Canada, 2014 PSLRB 57 (CanLII):
39 In Quadrini v. Canada Revenue Agency and Hillier, 2009 PSLRB 104 (CanLII), in the context of a case where the PSLRB determined that it had authority to determine the validity of a claim for solicitor-client privilege, it relied on the doctrine of necessary implication. The employer had argued that the PSLRB had no power either to order the production of documents subject to solicitor-client privilege or to determine the validity of a claim for privilege.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the implications of a federal district court's determinations on questions of law and fact which implicate constitutional rights? (MultiRegion, United States of America)
What is the "control" test applied by the California Court of Appeal to determine whether the California Department of Justice has a role in determining whether or not the California Board of Representatives has any role in the decision? ("New York", United States of America)
Does the doctrine of "target doctrine" apply to search and seizure purposes? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What factors will a court consider in determining whether to apply the doctrine of judicial estoppel? (MultiRegion, United States of America)
Does a postjudgment appeal rule apply to the attorney client privilege of psychotherapist-patient privilege? (MultiRegion, United States of America)
Does the doctrine of fruit of the poisonous tree doctrine apply to the Miranda exclusionary rule? (MultiRegion, United States of America)
Does section 25 of the Access to Records Act, which provides exemptions to disclosure under the Corporations Privileges Act, apply to solicitor-client privilege? (Canada (Federal), Canada)
What is the legal test for determining which standard to apply? (Canada (Federal), Canada)
