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Court Upholds Internal Investigation Privilege.

Publication: Mondaq Business Briefing
Publication Date: 16-JUL-09
Format: Online
Delivery: Immediate Online Access
Full Article Title: Court Upholds Internal Investigation Privilege.(Her Majesty The Queen v. Canadian National Railway Co.)(Case overview)

Article Excerpt
The Supreme Court of British Columbia recently upheld a claim for common law litigation privilege asserted by Canadian National Railway Company (CN) over documents created in the course of carrying out an internal investigation of the collision of two trains.

The decision in Her Majesty The Queen (HMTQ) v. Canadian National Railway Company provides significant guidance on how to maintain litigation privilege over internally generated documents. It also appears to relax the evidentiary requirements for...



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