Evidence - Privilege
Philip Services Corp. v. Deloitte & Touche (Ont CA, 2015)
In this case the Court of Appeal re-stated the long-respected test for determining privilege over information and documents, whereby such data is protected by principles of both confidentiality and evidentiary non-compellability. In Canadian law privilege is not established by the nature of the relationship in which the data was generated (eg. solicitor-client) but on a case-by-case basis:
 The four elements examined in analyzing a case-by-case privilege – the Wigmore criteria – are as follows:
1. the communication must originate in a confidence that they will not be disclosed;
2. the confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties;
3. the relation must be one which in the opinion of the community ought to be sedulously fostered; and
4. the injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation.