April 11, 2018
12:00 pm - 1:15 pm


Calgary Petroleum Club
319 5th avenue sw, Calgary AB

Event Description

The courts in Canada have made clear that solicitor-client privilege and litigation privilege are “fundamental” and must be assiduously protected. For investigators, what does this mean at a practical level? How can an investigation be conducted efficiently and thoroughly, without encroaching on legal privileges? This presentation will begin by touching on the hallmarks of key legal privileges and provide an update on leading privilege cases. It will then walk through possible techniques and tools to help identify potential privilege “landmines” in different types of investigations, and how they can be avoided or de-fused. It will also address how privilege disputes may be resolved, and – for when the roles are reversed – how privilege may be used to protect the confidentiality of an investigation.


Lorenz Berner
Alberta Securities Commission

Lorenz brings over 25 years’ experience as a legal advisor, litigator, and policy lawyer. In his role at the ASC (essentially “general counsel” to the Enforcement Division), he helps develop regulations regarding electronic hearings, document production, and other evidentiary issues ; provides both general and case-specific legal advice on a wide range of issues; acts as legal project specialist; and leads the Evidence Management Team. He has ample first-hand experience in trying to figure out “what to do” about legal privileges in various contexts, a nd currently chairs a national securities commission working group on this subject.

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