Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 245 additional details, the Commissioner may do one or both of the following, pursuant to subsection 43(2) of LA FOIP: • Summon and enforce the appearance of any person, including employees of a government institution, before the Commissioner and compel them to give oral and/or written evidence under oath or affirmation and produce any documents required. • Seek an order from the Court of King’s Bench for production of the records from the local authority. Common Interest Privilege Common interest privilege is a privilege that exists when records are provided among parties where several parties have a common interest in anticipated litigation;837 Disclosure of privileged information to outsiders generally constitutes as a waiver of privilege. However, if there is a sharing of information between parties where the parties have a sufficient “common interest”, then the privilege is preserved (or not waived). The following two-part test can be applied when determining if common interest privilege applies:838 1. Does the record contain information that is subject to any privilege that is available at law? The information at issue must be inherently privileged in that it must have arisen in such a way that it meets the definition of solicitor-client privilege under subsection 21(a) of LA FOIP. 2. Do the parties who share the information have a “common interest”, but not necessarily an identical interest, in the information? In Buttes Gas and Oil Co. v. Hammer (No. 3), [1980 3 All E.R. 475 (C.A), Lord Denning provided that “common interest” privilege is a type of litigation privilege. Lord Denning said: There is a privilege which may be called a “common interest” privilege. That is a privilege in aid of anticipated litigation in which several persons have a common interest. It often 837 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 199. 838 SK OIPC Review Report 298-2019 at [53]. This test was adapted from AB IPC’s two-part test in Order 97-009 and ON IPC’s Order PO-3154.
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