Application for Declaration of Waiver of Privilege (Precedent): Difference between revisions
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{{TITLE|ORDER|(''Re Waiver of Solicitor-Client Privilege'')}} | {{TITLE|ORDER|(''Re Waiver of Solicitor-Client Privilege'')}} |
Revision as of 16:30, 9 January 2025
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Notice
Application to Determine Privilege |
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Style of cause
NOTICE OF APPLICATION TAKE NOTICE that an in camera Application is being made for an Order of Declaration affirming the waiver of any privilege associated with the ... . WHEREAS ... THE APPLICANT RELIES ON THE FOLLOWING GROUNDS
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name]
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _______________________________ [Counsel's name] [Counsels title] [Internal File Coding] |
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Affidavit
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.
- ...
[Internal File Coding]
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[DESCRIPTION]
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[DESCRIPTION]
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Order
Order |
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Style of cause
ORDER BEFORE THE HONOURABLE JUSTICE: BEFORE THE HONOURABLE JUSTICE [name] WHEREAS on [date], the Crown made Application to determine whether any potential solicitor-client privilege has been extinguished by way of waiver from potential clients of the firm [name] (the "firm"). AND WHEREAS investigators with the RCMP commercial crime section seek to interview persons previously employed by or a member of the firm, including former and current members of the provincial bar, concerning their dealings with certain complainant clients of the firm; AND WHEREAS any persons previously employed by or a member of the firm have no obligation to speak to members of the RCMP notwithstanding any other part of this Order; AND UPON READING the materials filed by the Applicant Crown Counsel consisting of:
AND UPON HEARING the submissions of [name], the Applicant Crown Counsel; AND ON BEING SATISFIED that the client waivers are in order; IT IS ORDERED that any solicitor-client privilege connected with the following potential clients have been duly waived for the following persons: IT IS FURTHER ORDERED that any solicitor-client privilege held by clients other than those listed herein remain unaffected. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________________ Justice of the [Level of Court] of [Province] [Internal File Coding] |
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