Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal. H.M.B. Holdings Limited v. Replay Resorts Inc., 2018 BCCA 263 AREAS OF LAW:  Practice & procedure; Solicitor-client privilege; Implied waiver; Abuse of process ~ A party must “voluntarily inject into the litigation” legal advice it received for there to be an implied waiver of privilege regarding that advice. ~ BACKGROUND: The Appellant, H.M.B. Holdings Limited (“HMB”), is the former owner of the Half Moon Bay Resort in Antigua and Barbuda. That nation’s government expropriated the property in 2002. HMB has been attempting to obtain compensation for this for fifteen years. In May 2014, the Judicial Committee of the Privy Council ordered the government to pay USD $26.6 million plus interest in compensation. After this order was made, the…

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