Does a senior vice-president have privileged information?
Ontario, Canada
The following excerpt is from Lipson v. Cassels Brock & Blackwell, LLP, 2019 ONSC 5483 (CanLII):
In Toronto-Dominion Bank v. Leigh Instruments,[7] a document about the role of comfort letters for bank loans was circulated by a senior vice-president, a lawyer who was secretary and general counsel for the bank. The document was held not to be privileged because the court was not satisfied that the vice-president was acting as a lawyer as opposed to a business executive.
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