The boundaries of privilege and confidentiality in arbitration and related proceedings

By Bruce Reynolds, Nicholas Reynolds and Eric Lee ( November 5, 2024, 2:44 PM EST) -- The delicate balance between transparency and confidentiality often conflicts in the context of legal discovery. While privilege is essential for the effective administration of our justice system by protecting sensitive information and fostering open communication between counsel and clients, its application to specific documents can be murky (Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52). This is particularly true for dispute resolution proceedings and their respective pleadings....